Lawyer Zeynab Ziaie Moayyed is witnessing the adverse effects of growing delays at the Federal Court on her clients who are seeking to challenge unfavorable immigration decisions. According to Moayyed, some clients are bracing themselves for delays exceeding a year, jeopardizing their academic progress or immigration status, leading to a state of uncertainty.
The escalating delays stem from the escalating number of individuals requesting a judicial review of immigration officers’ decisions, a trend expected to reach unprecedented levels this year. Previously, the average time taken to resolve an immigration case in 2024 was between 14 to 18 months, a significant increase from the typical wait of six to eight months before the surge in filings.
The mounting volume of immigration filings has sparked concerns from Chief Justice Paul Crampton of the Federal Court of Canada, who warns that it could potentially pose an access to justice issue. The court, responsible for various federal law cases including immigration matters concerning refugees, work permits, and visitor visas, has observed a substantial surge in non-refugee cases, with the number of filings skyrocketing from an average of 6,000 annually to over 24,000 in 2024.
A staggering 18,887 new filings were received by the court from January to August this year, and court administration staff project an influx of between 31,000 and 33,000 immigration cases by the end of the year. Chief Justice Crampton emphasized the importance of maintaining confidence in the immigration and justice systems, underscoring the significance of timely access to justice to prevent the maxim that “justice delayed is justice denied.”
Chief Justice Crampton highlighted the challenging funding situation faced by the Federal Court, attributing the increased workload to the decisions made by immigration officers, which in turn lead to a surge in cases seeking judicial review. Despite the substantial workload, inadequate funding has hampered the court’s ability to effectively address the surge in immigration cases, impacting access to justice and judicial independence.
Efforts to streamline court processes have been implemented, including reducing the standard length of certain immigration hearings and limiting the volume of submitted documents for specific types of cases. However, Chief Justice Crampton expressed concerns that without additional resources, delays may persist, necessitating further measures that could potentially reduce the court’s services to the public.
Immigration lawyers have raised concerns about errors in immigration officer decisions, attributing the rise in court applications to perceived mistakes and insufficient file reviews. The Canadian Immigration Lawyers Association (CILA) has advocated for alternative methods to resolve complaints outside of court, emphasizing the need for transparency and fairness in immigration procedures.
In response to these challenges, the Federal Court has made efforts to enhance transparency by including officer decision notes in refusal letters. However, concerns persist over the adequacy of these notes and the use of standardized language in refusal grounds. Immigration professionals have cautioned that the communication of decisions must be fair and comprehensive to mitigate the escalation of litigation.
Chief Justice Crampton emphasized the importance of adequate funding for the courts to uphold the rule of law and democracy. Despite impending retirements, he reassured Canadians of the court’s commitment to impartiality and timely decisions, urging for sustained support to prevent a potential erosion of justice and democracy.
