‘Unprecedented’ increase in immigration cases creates unmanageable workloads for Federal Court, says chief justice

Federal Court staff are working weekends, holidays, and late into the night to manage an unprecedented surge in immigration-related cases, according to Chief Justice Alan Diner. The court, which handles matters such as visa applications, refugee claims, admissibility cases, and removals, has seen a dramatic rise in its workload over the past six years. When Diner took office in 2014, the court handled approximately 5,000 to 6,000 immigration cases annually. By 2021, that number had climbed sharply to nearly 10,000, and projections suggest the court could handle over 33,000 immigration filings this year alone. Diner described the situation as one where judges and court staff are operating under immense pressure. “They’re working around the clock, working weekends, working vacations, court staff, the same thing, available evenings, available weekends to try and deal with this volume,” he said. This surge in cases aligns with a broader trend of increasing numbers of permanent and temporary immigrants, along with asylum seekers, particularly following the easing of restrictions related to the COVID-19 pandemic. As of mid-year, more than 14,000 new immigration cases had been filed, with another 28,000 still pending. Nearly 1,000 of these cases have already been granted hearings for judicial review. Diner acknowledged the difficulties faced by the court system, stating, “It would be a lie for me to say this is without challenges.” Despite the strain, he expressed pride in how judges and support staff are managing the workload, though he emphasized the need for additional resources. The introduction of Canada’s border security bill, C-12, enacted in March, has further complicated the situation. Under this legislation, the Immigration and Refugee Board will only consider refugee claims made within the first year of arrival in Canada. The law applies retroactively to individuals arriving after June 24, 2020, and extends to all claims submitted on or after June 3, 2025. Those making claims beyond the one-year window are only eligible for a pre-removal risk assessment, with appeals possible only through the Federal Court. Since the enactment of C-12, the Federal Court has received over 2,000 applications challenging the law’s constitutionality. These cases are being managed through a streamlined process where judges address key legal questions using a limited set of representative cases. Additionally, the court has witnessed a substantial increase in requests for stays of deportation, rising from an average of 300 to 400 per year to more than 1,100 currently pending. With 44 judges, including Diner, the court has experienced a roughly 600 percent increase in immigration cases since 2020, despite no expansion in the number of judges. Diner noted the challenge of maintaining quality and efficiency while processing such a high volume of cases. “So, difficult for the same number of judges to do six times the amount of work,” he remarked. However, he stressed the importance of innovation and technological advancement to help manage the influx. A spokesperson for Justice Minister Sean Fraser stated that the ministry is aware of the increased caseload and is committed to ensuring fair and timely access to justice. They indicated that evidence of growing caseloads and backlogs plays a crucial role in assessing requests for additional resources. The situation highlights the complex interplay between legislative changes, immigration policies, and the capacity of the judiciary to respond effectively. As the Federal Court continues to grapple with these challenges, the demand for more judges and improved systems remains pressing.