Detention Reviews
Detention Reviews
Foreign nationals and non-citizens in Canada can be detained under the Immigration and Refugee Protection Act (IRPA) for various reasons, such as inadmissibility to Canada or concerns that they may not comply with scheduled hearings or removal orders. We are here to help you navigate the process of detention reviews.
Reasons for Detaining a Non-Citizen
The Canadian Border Services Agency (CBSA) may detain a permanent resident or foreign national if there are reasonable grounds to believe that the person is:
- Considered a danger to the Canadian public or inadmissible to Canada
- Unlikely to attend a scheduled hearing or comply with a removal order
- Unable to provide sufficient proof of their identity
Other reasons for detention may include criminal or security concerns, or violations of human rights or international law.
What Happens After Detention?
Once detained, the CBSA informs the Immigration and Refugee Board (IRB). The detained individual may be held in an immigration holding center or a provincial correctional facility. Within 48 hours of detention, a Detention Review is conducted by the Immigration Division, where the reasons for detention are reviewed.
The Immigration Division will assess whether there are valid reasons to continue the detention. A Minister’s counsel will present their case, and your lawyer will counter the charges with evidence to secure your release.
If detention is upheld, it is re-evaluated after 7 days, and then every 30 days. The Immigration Division may order your release if your lawyer presents strong supporting evidence, potentially with conditions attached.
Options if Detained
If you are detained, it is crucial to seek experienced Canadian immigration lawyers who can represent you at your Detention Review hearing. They can also negotiate with the CBSA to secure your release through settlements such as deposit payments or compliance guarantees.
How We Can Help
At Bridgeway Canada, our immigration lawyers and Regulated Canadian Immigration Consultants (RCICs) can assist you with Detention Reviews, Exclusion Orders, and Judicial Reviews. If you or a loved one has been detained, reach out to us for professional legal advice and support.
We offer personalized, expert legal services to help you achieve the best possible outcome.
