published on 15 September 2025 @ 1:13 pm · COMMENT

From Backlogs to Breakthroughs: Federal Court Challenges and Immigration Solutions

For many Canadian immigration applicants, the Federal Court is their only recourse when an application is denied, as there is often no right of appeal within the immigration system. The judicial review process at the Federal Court is therefore a critical safeguard, ensuring that decisions are fair and consistent with the law.

The importance of the Federal Court has grown significantly in recent years for immigration applicants, as has its backlog. In 2024, immigration and refugee matters constituted nearly 90% of the Court’s workload and the overall number of new proceedings surged – from about 9,000 in 2010 to more than 27,500 in 2024 – a sharp rise from just the year before, with roughly 19,000 proceedings commenced in 2023. For applicants, the delays resulting from this backlog may result in prolonged uncertainty and, for some, a prolonged inability to reunite with Canadian family members.

To address these challenges, the Court has implemented measures aimed at streamlining the court process. For example, the Court has temporarily extended the deadline to file an Application Record from 30 days to 75 days, perhaps diffusing the flow of filings to allow registry officers to better manage the recent surge in cases. In June, the Court also issued a new practice notice allowing families to more easily consolidate multiple applications into one and limiting the length of memoranda to 20 pages in judicial reviews of temporary resident visa refusals.

At BARTLAW LLP, we utilise an early settlement procedure when appropriate, engaging proactively with Department of Justice to encourage early resolution. This approach conserves time and financial resources for our clients, the Department of Justice, and the Court and can reduce the impact of court delays on our clients.

filed under: IMMIGRATIONPERMANENT RESIDENCE