Lawyer Zeynab Ziaie Moayyed is witnessing the adverse effects of the increasing delays at the Federal Court on her clients who seek to challenge unfavorable immigration decisions. Some clients are anticipating wait times of over a year. According to Moayyed, this prolonged delay can result in the loss of an entire academic year or jeopardize their immigration status, leaving them in a state of uncertainty.
The escalating delays stem from the rising number of individuals seeking judicial review of immigration officers’ decisions, a trend expected to reach unprecedented levels this year. In 2024, the average processing time for an immigration case at the court was between 14 to 18 months, compared to the previous standard of six to eight months before the surge in filings.
Chief Justice Paul Crampton of the Federal Court has expressed concern over the overwhelming influx of immigration cases, labeling it as a potential access to justice issue. The court deals with various cases under federal law, including immigration matters such as refugee claims, work and study permit denials, and visitor visa refusals.
The court’s workload has significantly surged, with a substantial increase in non-refugee cases, climbing from an average of 6,000 applications per year before the pandemic to over 24,000 in 2024. The court has received nearly 19,000 new filings from January to August this year, with projections indicating a total of 31,000 to 33,000 immigration cases for the current year.
Chief Justice Crampton highlighted the challenges posed by the growing workload, attributing it to the increased number of decisions made by immigration officers. However, he noted a lack of adequate funding to address the mounting pressure on the courts. The Courts Administration Service (CAS), responsible for managing funding for the Federal Court, reported receiving $208.7 million for the fiscal year 2025-2026 but emphasized the need for additional resources to cope with the crisis.
Efforts have been made to streamline court proceedings, such as reducing the standard duration of certain immigration hearings and limiting the length of submitted documents. These changes target cases concerning study permits, work permits, and temporary resident visas to enable judges to process more cases efficiently.
Immigration lawyers have raised concerns about errors made by immigration officers, prompting individuals to seek judicial review. The Canadian Immigration Lawyers Association (CILA) has pointed out potential errors in decision-making processes linked to the use of processing technology by Immigration, Refugees and Citizenship Canada (IRCC). The association has proposed alternative methods to resolve complaints outside the court system.
Despite these challenges, the IRCC has reiterated its commitment to fair immigration procedures and encouraged clients and lawyers to report errors through designated channels. The Federal Court continues to address cases based on the reasonableness of officers’ decisions, emphasizing the importance of a fair and impartial judicial process with timely resolutions.
