A recent Federal Court decision in Devgon v. Canada (IMM-23491-24) has confirmed that you can challenge IRCC’s return of immigration applications as “incomplete” through judicial review — especially when officers add requirements not found in official checklists. This is huge for Parent and Grandparent Program (PGP) sponsors, Express Entry, and spousal applicants facing returns that feel like final refusals.
At VG Immigration Services Inc., we’ve seen countless Toronto families devastated by incomplete returns, only to learn they had options. Justice Battista’s ruling changes the game.
Contact us for a returned application assessment or book an appointment to explore judicial review.
What Happened in Devgon v. Canada?
Preet Kamal Devgon received a PGP invitation to sponsor her parents and submitted their permanent residence application. IRCC sent a procedural fairness letter (PFL) requesting a gapless CV. The applicants responded but with a one-year gap still present.
IRCC then returned the entire application as “incomplete” based on the CV gap — even though no official PGP checklist requires a gapless CV. Devgon requested reconsideration (with a now-gapless CV), but IRCC refused, saying the return made the file ineligible.
Impact: The PGP lottery invitation was lost forever, blocking sponsorship indefinitely. The family sought judicial review.
Court’s Key Rulings: Returned Applications Are Reviewable
Justice Battista made three game-changing findings:
1. Returns for “Incompleteness” Are Justiciable
IRCC argued returns are “non-justiciable” (not reviewable by court), as they don’t affect rights.
Court Rejected This:
“The PGP invitation conferred upon them the right to submit an application… the officer’s decision… prejudicially deprived them of the ability to pursue permanent residence.”
In lottery systems like PGP, returns = irrevocable refusals due to intake limits. Courts must review to prevent “unscrutinized executive action.”
2. Officers Cannot Invent Completeness Rules
The CV gap requirement exists only for Schedule A forms, not CVs per PGP instructions.
Court Held:
“A procedural fairness letter is not an instrument legally authorized to define a complete application.”
PFLs warn of issues but don’t rewrite checklists. Returning based on unlisted demands is unreasonable.
3. Return vs. Refusal Distinction
The officer could have refused for non-compliance after the PFL, but misusing “incomplete” status was improper. Result: Decision quashed, sent back to different officer for processing.
Why This Case Matters for You
PGP Sponsors: Your Lottery Invitation Has Teeth
PGP returns previously felt final (no re-invitation guarantee). Now, challengeable if based on unofficial criteria.
Express Entry, Spousal, Work Permits Too
Applies broadly: Any stream where IRCC returns files using unpublished “incompleteness” reasons (e.g., minor doc gaps, unlisted CV rules).
Procedural Fairness Reinforced
PFLs remain critical, but responses don’t create new completeness obligations. Officers must follow published checklists.
Recent Context: Echoes 2026 FC 79 (Kaur), where evidence gaps led to refusals — but here, the Court protects against preemptive returns.
Actionable Steps to Protect Your Application
- Pre-Submission: Cross-check against official IRCC checklists (not agent advice). VG reviews for completeness.
- After PFL: Respond fully but note: “This supplements our complete application per published requirements.”
- If Returned:
- Timeline: 15 days for judicial review application.
- Grounds: Show checklist compliance + officer-added extras.
- VG Role: Assess justiciability, draft chronology for counsel.
Book an appointment for returned/refused file strategy.
How VG Immigration Services Can Help
We specialize in Ontario family/employment immigration, turning technical blocks into wins:
- Completeness Audits: Ensure your PGP/EE/spousal file meets exact checklists.
- PFL Response Optimization: Evidence-driven replies that preserve review rights.
- Return/Refusal Analysis: Justiciability assessment + judicial review prep (like Devgon).
- PR Pathways: PGP to citizenship; EE with low CRS (509); work permits to CEC.
Contact us now if your application was returned — this ruling may reopen your case.
👉 Book your consultation
📧 immigration@vgis.ca | 📞 +1 (416) 578-9269
Don’t let an “incomplete” return end your Canadian dream. With Devgon as precedent, you have stronger tools than ever.