2010 FC 352
March 31, 2010
Principle Established: It’s the reception date that counts.
The applicant mailed her PR application on February 25, 2008 and it was received by the visa office responsible for processing on March 3, 2008. On February 27, 2008, Immigration Canada changed its regulations. Under the previous regulations, the applicant would have been eligible for processing and under the new regulations, she was no longer eligible. She was determined ineligible under the new regulations.
The issue was to determine whether the visa office should have considered the date the application was made, rather than the date it was received.
The court decided that it was the reception date that counts rather than the date the application was mailed by the applicant.
The application for judicial review was dismissed.