Surge of Immigration Cases in the Federal Court of Canada
The Federal Court of Canada is facing an unprecedented surge in immigration and refugee-related filings. According to recent statements by its Chief Justice, Paul Crampton, and data released by the Court, this backlog is raising serious concerns about access to justice, delays in decision-making, and the increasing importance for applicants of obtaining legal representation early.
What Types of Immigration Cases Reach the Federal Court?
The most common cases seen by the Federal Court include applications for leave and judicial review of decisions made by Immigration, Refugees and Citizenship Canada (IRCC), the Immigration and Refugee Board of Canada (IRB), and other federal agencies. Typical examples:
Challenges to refusals of study permits, work permits, visitor visas and temporary resident statuses.
Judicial review applications of deportation/removal orders, inadmissibility decisions, and refusals of permanent residence.
Hearings concerning refugee-claim decisions, or decisions under the “Authority to Return to Canada” framework.
For example, a pilot program announced in 2024 indicated the Court expected to receive around 24,000 immigration filings by the end of 2024, approximately four times the number of filings prior to the pandemic.
Key Statistics You Should Know
The Court’s own statistics show that immigration-related matters have quadrupled from 6,424 in 2020 to 24,667 in 2024.
In the first eight months of 2025 alone, the Court received approximately 18,887 filings.
According to the Court’s public statistics page, the proportion of immigration matters (versus other federal jurisdiction matters) has risen to nearly 90% of the Court’s docket in some recent quarters.
In May 2025, the Court issued a Practice Direction / Special Order extending deadlines (e.g., for Application Records) citing “an unprecedented increase in filings”.
These numbers point to a systemic pressure on the Court registry, judicial resources, and on applicants seeking timely resolution.
What the Chief Justice and Others are Saying
Paul Crampton, Chief Justice of the Federal Court, described the surge in immigration cases as “quite extraordinary and I’d have to say exceptional.” He has warned that the combination of increasing volume and limited resources poses a risk to access to justice: delays may undermine the right to timely review of immigration decisions. Other judicial commentators echo similar concerns: the Court’s registry is described as being under “serious strain,” and delays in processing, combined with extended deadlines for applicants, highlight that the system may no longer be keeping pace with demand.
Why are Filings Increasing?
Several factors contribute to the surge:
More frequent refusals or decisions by IRCC/IRB that lead applicants to seek judicial review.
A larger volume of temporary-resident and student applications (and refusals) creates more reviewable decisions.
Increasing complexity of immigration law — more admissibility issues, misrepresentation issues, and criminal/inadmissibility issues.
Policy changes and legislative amendments that create new grounds for review or new forms of challenge.
Pandemic-era backlogs and subsequent catch-up efforts have created a “wave effect”.
Regardless of the cause, the effect is that applicants and counsel must plan for longer wait times and more competition for judicial review slots.
Implications for Applicants: What This Means for You
If you are considering judicial review (for example, of a visa refusal, a deportation order, or a PR application denied), the current environment means:
Faster action is crucial: Because of heavier caseloads, late filings or incomplete records may face longer delays or less favourable treatment.
Higher quality submissions required: With registry stress and heavy competition, comprehensive legal records, accurate memoranda, and strong arguments will help distinguish your matter.
Possible procedural changes: With the May 2025 special order extending deadlines, applicants may have more time in some cases, but this is not a substitute for early preparation.
Resource constraints matter: Even meritorious cases may face delays simply because of systemic backlog; understanding that risk ahead of time helps with planning (stays of removal, temporary status, etc.).
Legal representation is increasingly important: Given complexity and registry pressures, engaging an experienced immigration litigation lawyer can improve your chances of a timely and favourable outcome.
Practical Steps If You Are Seeking Federal Court Review
Check deadlines immediately: Applications for leave (judicial review) must be filed within strict time-limits, often 30 days after the underlying decision. The May 2025 special order extended some of those deadlines in light of the surge.
Gather your facts and documents: the Court evaluates the record and your argument, so ensure you have the full decision you’re challenging, any refusals, correspondence, and legal grounds clearly identified.
Engage counsel early: A lawyer can help identify if your matter is suitable for leave, draft the Application Record, assist with obtaining the registry fee waiver if applicable, and track deadlines.
Consider interim relief: If a removal or hostile decision is imminent, a stay or stop order may be required as part of the application process.
Monitor registry announcements: The Court may issue further practice directions adjusting deadlines, filing procedures or consolidation methods to manage caseload.
Be realistic about timing: While decisions may still come sooner in some cases, the current backlog means even good cases can take months or longer. Managing expectations and planning status accordingly (visitor, work, TRP) is wise.
✅ How Ayodele Law Can Help
If you are facing a refusal of a visa, a removal order, a denial of permanent residence, or any immigration decision you believe is incorrect, time is of the essence. The surge in filings at the Federal Court means early, thorough, and strategic action will make a difference. At Ayodele Law Professional Corporation, our immigration litigation team has experience preparing judicial review applications, stays of removal, and advising on strategy when facing the Federal Court’s backlog. Do not assume time is on your side. Contact us today for a consultation and let us help you move your case forward with urgency and precision.
📞Book a consultation today to give your application the best possible chance of success
