In recent years, federal courts across Canada have seen a sharp rise in immigration-related cases, particularly judicial reviews filed against decisions made by immigration officers and tribunals. With backlogs growing and hearings delayed, both applicants and legal professionals are feeling the pressure. This surge reflects not only increasing demand for immigration but also wider issues in policy implementation, case processing, and administrative fairness.
Why Are Immigration Cases Rising in Federal Court?
The Federal Court of Canada has original jurisdiction over judicial reviews of decisions by the Immigration and Refugee Board (IRB), Immigration, Refugees and Citizenship Canada (IRCC), and the Canada Border Services Agency (CBSA). In recent years, the court’s docket has grown heavier as more applicants contest decisions ranging from visa refusals to deportation orders.
Post-Pandemic Processing Delays
COVID-19 disrupted immigration processing worldwide, and Canada was no exception. During 2020–2022, many application streams paused or slowed down significantly. As processing resumed, applicants faced years-long delays, unclear decisions, or denials based on outdated or incomplete information. For many, litigation became the only option.
Tighter Policy Standards
Another contributor is the tightening of certain immigration policies. Changes in how IRCC assesses spousal sponsorships, work permit renewals, and study visa applications have led to a spike in negative decisions. For example, refusals based on “insufficient ties to the home country” or “lack of credibility” in refugee claims often hinge on subjective judgments, prompting appeals to the Federal Court.
More Legal Awareness
Today, more applicants—especially those represented by a Canada immigration lawyer—are aware of their right to seek judicial review. As legal literacy improves, more individuals are empowered to challenge administrative decisions that affect their future.
Impact on Individuals and Families
For many applicants, delays in immigration litigation are more than a bureaucratic hassle—they have life-altering effects. Whether someone is seeking refugee protection, trying to reunite with a spouse, or waiting on a permanent residency decision, each extra month of waiting can mean lost income, family separation, or emotional strain.
Work Permits and Status in Limbo
One of the most pressing issues for those caught in the legal backlog is employment. If an individual’s visa is refused and they file for judicial review, they often cannot renew their work permit or continue studying. This limbo status creates financial instability for both the applicant and their family.
In some cases, people are forced to leave the country while awaiting a decision. Others are stuck without healthcare, unable to access public services, or unsure whether to renew leases or make long-term plans.
Family Separation and Mental Health
When spousal sponsorships or parental reunification applications are denied, applicants must turn to the court system. These cases often carry high emotional stakes, as families may be forced to live apart for years while legal challenges play out.
The prolonged uncertainty takes a toll on mental health, especially for children and older parents. Emotional stress, coupled with financial strain and social isolation, has become a common theme in affidavits submitted in court.
Legal Strategies in a Crowded Court System
With court dockets jammed, applicants and their legal counsel must think strategically. Not all immigration refusals can or should be brought to court. The Federal Court cannot reweigh evidence or substitute its own decision—it can only assess whether the process was fair and lawful.
Judicial Review vs. Reapplication
In some situations, reapplying may be faster than pursuing a judicial review. However, reapplication is only viable if the applicant can submit new, stronger evidence. A Canada immigration lawyer can help assess whether the refusal involved legal error or was simply a weak file.
When a judicial review is appropriate, success hinges on strong written submissions and a detailed understanding of immigration law. Procedural fairness issues—such as failure to consider key documents or an interview held without notice—are often at the heart of successful reviews.
Stay Applications
For those facing removal, a stay of removal application can be filed alongside the judicial review. The court considers whether the applicant will suffer irreparable harm, whether there’s a serious issue to be tried, and whether the balance of convenience favors a delay.
These stay applications are time-sensitive and highly technical, requiring a deep understanding of both immigration and public law.
What Applicants Can Do Now
If you’re dealing with a delayed or refused immigration application, here are a few steps to consider:
- Review the Decision Letter Carefully
- Understand the reason for refusal. Was it based on missing documents, credibility, or a legal interpretation?
- Consult an Immigration Lawyer
- A qualified Canada immigration lawyer can help evaluate whether the refusal involves an error of law or process and guide your next steps.
- Don’t Delay Filing
- You typically have 15 days (inland) or 60 days (overseas) to apply for judicial review. Missing deadlines can shut the door on legal remedies.
- Maintain Records
- Keep all correspondence, receipts, and copies of your application. These are crucial in building a case.
- Know Your Rights
- You have the right to challenge unreasonable or unfair decisions. The Federal Court is there to ensure that decision-makers follow the law.
Final Note
The surge in federal court immigration cases reveals more than just numbers—it reflects real people caught in a slow, overloaded system. As policies tighten and refusals increase, judicial reviews have become a vital route for many seeking fairness.
But with the growing backlog, time is no longer on the side of applicants. It’s more important than ever to make informed decisions early, seek proper legal help, and act quickly. A seasoned Canada immigration lawyer can offer the guidance needed to chart the best course through uncertain terrain.