Canadian Immigration 2026: The New Reality of Backlogs and AI Decisions

Immigration law is personal, and the consequences of a refusal can be immediate. In this episode of FH&P Lawyers Law Talk, Clay Williams speaks with Marvin Geekie and Wendy Cheung about what FH&P Lawyers' immigration team handles, what judicial review involves, how delays are affecting applicants, and what options may still be available when a matter becomes urgent.

What does FH&P Lawyers' immigration department handle?

We like to think of ourselves as a full-service immigration department. Mostly, our practice involves taking matters through judicial review, as well as sponsorship and LMIA programs. Prior to last year’s changes, we did a lot more pathways to permanent residency for people as well.

As federal programs have changed and numbers have been reduced, some pathways are no longer as open as they once were. That has shifted the work. Even so, people still call for help immigrating to Canada, and the team continues to work to find a pathway that makes sense for each person's situation.

What do the recent immigration cuts mean for people?

When immigration numbers are reduced, real people are affected. For many, that can mean fewer open pathways and more uncertainty about what options are still available. At FH&P Lawyers, we try to keep that in mind when people come to us. We work hard to find a suitable pathway that makes sense, but it still has to be grounded in the facts and the law.

What do those federal immigration numbers actually mean?

The numbers set by the federal government relate to pathways to permanent residency for many people. There are other categories as well, including student-related numbers. When those numbers are reduced, the effects can go beyond one application. They can also affect institutions and systems that have relied on those streams.

What is a judicial review?

A judicial review is a procedure where a lawyer goes to the Federal Court to review or appeal a decision that has already been made by an immigration officer. It is one of the areas where lawyers can be especially effective because it involves court procedure, written advocacy, and oral advocacy.

Why choose FH&P Lawyers instead of an immigration consultancy firm?

As lawyers, and particularly as litigators, we are trained in advocacy, both written and oral. Taking a matter from written appeal materials all the way to a Federal Court hearing is a skill we have developed through practice.

Another important difference is that immigration consultants can prepare written submissions, but they have to be careful about the level at which they appear. We do not have that same restriction.

What challenges are people facing in the Federal Court right now?

The Federal Court is under significant pressure. Immigration filings have increased, and that has created major delays. That means people may wait months for leave decisions and much longer for hearings. For someone dealing with an immigration refusal, that delay can have serious personal and practical consequences.

Are immigration decisions being influenced by AI?

AI is now highly prevalent in immigration decision-making. The concern raised is that AI may review detailed, personal facts and influence the response that is then used by an immigration officer.

The expectation is that an officer still makes a human decision, but there is concern about how that works in practice when workloads are high and volumes are heavy.

What kinds of immigration decisions can be reviewed?

Judicial review is not limited to deportation matters. It can also involve denied spousal sponsorships, refused work permits, and other negative immigration decisions. That is one reason immigration law can be so challenging. Even a refusal on what seems like a straightforward application can have serious consequences.

What happens while someone is waiting for a decision?

That depends on why the application was denied and what that means for the person’s status in Canada. One of the biggest concerns is whether the person is able to maintain status. If status is lost, the person may need to restore it, make a different application, or possibly leave Canada for a period of time.

Can AI-related concerns matter in a judicial review?

Yes. Judicial review is about whether a decision was made fairly and in accordance with the law. In today’s context, that can include concerns about whether AI influenced the process in a way that affected fairness.

In practical terms, that means AI-related concerns can matter when a refusal is challenged in the Federal Court.

Can FH&P Lawyers help before a matter reaches court?

Yes. In our immigration practice, we can do everything that an immigration consultant can do. We also have immigration consultants on our team.

That means we can assist with first-level applications, including work permits and permanent residency applications. If those applications are successful, there may be no need to appeal or go to court.

Does every immigration matter end in court?

No. Even when a matter moves into an appeal or review stage, it does not always need to end in a full hearing. There can be opportunities to discuss resolution before the matter goes all the way through the court process.

What happens if someone loses status in Canada?

Losing status can create immediate risk. A person may need to restore status, make a different application, or leave Canada for a time. In some situations, leaving voluntarily may be better than waiting for enforcement action to take place.

Do emergency immigration applications happen?

Yes. In urgent cases, a person may need immediate court intervention, including a stay of deportation where removal is close at hand. These situations can be urgent and serious. They can also raise access to justice concerns because emergency court work can be expensive for people who may already be in a very difficult position.

Why is immigration law so fact-specific?

Immigration law is highly nuanced. One case can be very different from the next, even where the legal issue looks similar on the surface. Some involve relationships, some involve ties to the community, and some involve humanitarian and compassionate considerations. That is why choosing the right evidence for the particular case is so important.

What is the main takeaway for people dealing with an immigration issue?

Immigration law is not one-size-fits-all. Whether someone is dealing with a first application, a refusal, a status issue, or judicial review, the right next step depends on the facts of that particular case. We are always willing to talk to people about the situation they are in and help them understand what options may be available.

If you are dealing with an immigration application, refusal, status issue, or possible judicial review, getting advice early can help you understand what options may still be open and what steps make the most sense for your situation. Reach out to us for a consultation, and we can help you out. 

Disclaimer: This material is provided for informational purposes only and should not be construed as legal advice on any subject matter. Consult with a qualified lawyer for advice on specific legal issues.