A skyrocketing backlog is pushing the wait time for refugee hearings dramatically beyond the federally stipulated 60 days, with recent asylum seekers now waiting 16 months to have their claims determined.

According to the Immigration and Refugee Board (IRB), the backlog has been growing at a rate of approximately 1,400 cases a month since January, with the largest increase so far in August with a sudden surge of 3,000 claims.

As of Aug. 31, the pending inventory of refugee claims is about 34,000 cases, including 29,000 claims filed after December 2012, when the then-Conservative government revamped the process by imposing statutory timelines to process claims and expedite removals of failed claimants. The rest are so-called “legacy claims” that have been waiting for five years or longer for a hearing date.

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While the law requires claimants be scheduled for a hearing date in 60 days, it has provisions that allow the refugee board to get around the deadline if there are delays in border officials issuing security clearances, if there are “operational limitations,” or if interpreters or counsel are unavailable.

“The current intake of claims for refugee protection is exceeding the IRB’s operational capacity, which is causing a growing inventory of pending cases,” said the board’s spokesperson, Anna Pape. “As a result, many cases must wait before they can be heard by an independent decision-maker.”

With existing resources, Pape said the IRB can process only approximately 2,000 claims a month. At this rate, it will take 16 months for claims filed today before they will be heard by a refugee judge.

Board chair Mario Dion has been unsuccessful in pleading to the federal government for additional resources to clear the legacy claims and to deal with the surge of asylum-seekers from the U.S. that began this year after President Donald Trump’s initial immigration and travel bans were announced. These asylum seekers are entering Canada through unauthorized points along the border.

Fearful they will be deported by the Trump administration, thousands of immigrants are illegally crossing from the U.S. into Canada in hopes of being granted asylum. (The Associated Press)

Although the board has struck a special task force to process all legacy claims within the next two years, the unanticipated increase in claims via the U.S. has set back the effort and further strained the board’s staffing.

This week the Immigration Department started running a “dedicated service centre” at Montreal’s Guy Favreau Complex that operates seven days a week to help would-be refugees fill out forms and expedite eligibility interviews. This could add further to the refugee board’s workload.

“The IRB continues to explore new and innovative ways to improve efficiency, with the objective of improving timeliness of decisions,” said Pape.

So far, the Liberal government has played down the illicit border crossing and insisted it is under control. It has sent out MPs to tell Latino and Haitian migrant communities in the U.S. that Canada does not offer automatic acceptance of refugees.

“What we are dealing with is definitely a very high, steady increase in numbers, and it is obviously taxing our agencies and our borders, but we are able to redeploy resources and personnel as needed and are able to deal with the situation as it unfolds,” Immigration Minister Ahmed Hussen told the CBC in August.

The Immigration Department didn’t respond Wednesday to a request for comment.

Sending a message to discourage potential border-crossers, Prime Minister Justin Trudeau also said last month, “You will not be at an advantage if you choose to enter Canada irregularly. You must follow the rules and there are many.”

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Toronto immigration lawyer Lorne Waldman, a co-founder of the Canadian Association of Refugee Lawyers, said any delay in processing claims allows asylum seekers to stay and work in Canada longer, and would serve as another incentive for them to keep coming.

“Sixteen months is too long and the government has to take steps to speed the process up. It is crucial the refugee determination process is run efficiently,” said Waldman.

Lobat Sadrehashemi, vice-president of the refugee lawyers’ association, said she was not surprised by the wait time, and delay means further uncertainty and insecurity — as well as longer family separation — for refugee claimants.

“The IRB is capable of dealing with the levels of refugee claims that we now have. They have done so in the past. There needs to be a concentrated effort at ensuring there are enough members to hear claims and that claims are processed as efficiently and fairly as possible,” said Sadrehashemi. “This may require more funding.”