CASE CENTRE · IMMIGRATION LITIGATION · RETURNED APPLICATION

Adnan v. Canada (Citizenship and Immigration)

2025 FC 1462 Federal Court September 4, 2025
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In short: IRCC returned a grandparent sponsorship under the Parents and Grandparents Program because documents were missing after a 30-day extension. The Federal Court dismissed the judicial review, finding that returning an incomplete application under the Ministerial Instructions is not a decision the Court can review.

The Facts

Mr. Adnan applied to sponsor his grandmother under the 2023 Parents and Grandparents Program. In March 2024 IRCC wrote giving him 30 days to supply missing items and warning that the application would otherwise be returned unprocessed. The record showed a completed family information form and a death certificate were still missing. In a letter of April 30, 2024, IRCC returned the application as incomplete. He challenged that letter, arguing among other things that his consultant had inadvertently failed to submit one document.

What the Court Decided

The Court dismissed the application. Under the Ministerial Instructions that govern the program, an officer who finds an application incomplete must return it, so the letter was not a refusal; it was the return of an application that had never been accepted for processing, and the Court held it is not a reviewable matter under section 18.1 of the Federal Courts Act. Officers have no discretion to overlook missing required documents, even small ones. The applicant remains responsible for the completeness of an application filed on his behalf, so the consultant's omission did not help him.

Adnan is one of the leading decisions IRCC points to when it argues that a return for incompleteness is not open to court review. Read together with the later Devgon decision, it shows where the line is drawn and why the exact reason for a return matters.

Does This Affect You?

  • ✓IRCC returned your Parents and Grandparents Program or other sponsorship application as incomplete after giving you a deadline.
  • ✓A representative or consultant overlooked a document, and you want to know whether the Court will excuse it.
  • ✓You are deciding whether to file a judicial review of a letter returning your application, as opposed to a refusal.

Key Takeaways

  1. A return for non-compliance with Ministerial Instructions may be treated as outside the Court's review powers, in contrast to a return based on a requirement the rules do not actually contain.
  2. Mistakes by a representative are generally treated as the applicant's own for completeness purposes.
  3. Respond to every request for missing documents on time and keep proof of what was submitted.

Frequently Asked Questions

How is this different from a refusal?
A refusal is a decision on the merits of an application. A return means IRCC treats the application as never properly filed, and in this case the Court held that is not reviewable.
Can a returned application ever be challenged in court?
Possibly. A later decision, Devgon (2025 FC 2005), held that a return based on a requirement outside the official rules could be reviewed. The cases turn on whether the return was authorised by the legislation and rules.