Immigration lawyers are pointing to increased automation in Canada's immigration system as a contributing factor to a growing backlog of cases in Federal Court, as reported by CP24. The backlog has reached levels that lawyers say are delaying judicial reviews of immigration decisions by months or years.

Federal Court handles judicial review applications when applicants challenge negative decisions from Immigration, Refugees and Citizenship Canada. The court has seen a sharp rise in immigration-related cases over the past several years, with lawyers attributing part of the increase to automated decision-making tools that generate refusals applicants believe warrant legal challenge. When IRCC uses automated systems to assess applications—particularly for study permits, work permits, and visitor visas—applicants who receive refusals often turn to Federal Court to argue the decision lacked proper human oversight or individualized consideration.

The backlog affects multiple case types, but judicial reviews of refused temporary residence applications form a substantial portion of the court's immigration docket. Lawyers report that hearings for these cases, which previously took six to eight months to schedule, now extend well beyond a year in many instances. The delays compound the impact on applicants whose work permits, study permits, or family reunification plans hinge on a timely court decision. For international students facing refusals, the wait can mean missing entire academic terms; for workers, it can mean lost job offers or prolonged separation from employers who cannot hold positions indefinitely.

Legal practitioners say the combination of high application volumes at IRCC, increased reliance on automated screening, and limited Federal Court capacity creates a cycle where more refusals lead to more judicial reviews, which in turn overwhelm the court's ability to hear cases promptly. The court has not expanded its roster of judges hearing immigration matters at the same pace as case filings have grown.