Detained by the Canadian Border Services Agency? Immigration Detention Review Process Demystified

Immigration detention is one of the most significant measures the Canada Border Services Agency (CBSA) may take against a foreign national or permanent resident. Where an individual is detained for immigration purposes, they are entitled to a detention review hearing within 48 hours of detention, or as soon as reasonably practicable thereafter.

In some cases, the CBSA may release the detained person prior to the hearing. If such release is not granted, the Immigration Division of the Immigration and Refugee Board of Canada (IRB) will conduct a detention review to determine whether continued detention is justified.

When, Where, and How will the Detention Review Held? 

The Immigration Division will provide the detained individual with written notice of when and where the detention review will be conducted. The hearing may proceed by videoconference, by telephone, or in person.

In advance of the hearing, the detained individual will also receive copies of any documents and evidence the CBSA  intends to rely upon to justify the detention and to argue for its continuation.

What Happens if Immigration Division Grants Release? 

If the Immigration Division orders release, the individual must comply with any conditions of their release. These conditions remain in effect for as long as the person remains in Canada, until they are either removed from the country or the conditions are varied or cancelled. 

What Happens if Detention Continues?

If the Immigration Division orders that the individual remain in detention, a further detention review must be held within 7 days. If detention is continued again at that stage, subsequent reviews will take place in 30 days, and will continue at 30 day intervals until the individual is either released or removed from Canada. 

At each review, the detained individual may present new facts or evidence in support of their release. If circumstances change between scheduled reviews, the individual may also request the Immigration Division for an early hearing.

If you or a loved one is in immigration detention, it is critical to obtain legal advice without delay. We encourage you to contact our office today to discuss your situation, understand your rights, and determine the best strategy moving forward.