Detention Review

Immigration Firm in Scarborough, Toronto

Springwind Immigration is registered with Government of Canada and we have experienced Canadian Regulated Immigration Consultant  (RCIC) who can help you to be released from the detention center. We will help with you detention review hearings. We can even meet you in person in the detention center and evaluate your case to come up with the best strategy to win the hearing.  If you are detained, please Contact Us today to learn how we can assist you. 

What is a detention review?

Foreign Nationals and Permanent Residents who are not Canadian citizens are arrested and detained by the Canada Border Services Agency (CBSA). If an officer suspects you don't have the right to remain in Canada, as well as

  • If you are a danger to the public; or
  • If you are unlikely to appear for interview, a hearing or for your removal from Canada; or
  • If you are not able to establish your identify (who you are and where you are from); or
  • If you are being investigated for security reasons
  • If you are part of “irregular arrivals”. This designation is taken by the Minister of Public Safety and Emergency Preparedness. The Immigration and Refugee Board of Canada (IRB) must review the reasons for your detention within 48 hours of your detention, or as soon as possible afterward. The decision-maker (known as a “Member”) will decide at the end of detention review to order the person released if Immigration determines that there is no longer a reason under the IRPA to continue detention or if the person will stay in detention. The member can also set terms and conditions, including posting a bond (a cash deposit) or establishing a reporting requirement.

Who is subject to detention?

It is possible for the Canadian Border Services Agency (CBSA) to decide to detain a foreign national or permanent resident if there are good reasons to suspect that they are:

  • is inadmissible to Canada and is a danger to the public,
  • probably not show up for a hearing or removal, or
  • has not established his/her identity.

What are the grounds for detention?

  • A permanent resident or foreign national may be detained when entering Canada if this is necessary to conduct examinations, or if there are reasonable grounds to suspect that he or she is inadmissible to Canada on grounds of security, violating human or international rights, or criminality.
  • If individuals are detained, the CBSA will notify the Immigration and Refugee Board (IRB) of your detention. While in detention, you may be held in a provincial correctional facility or in an immigration holding centre. The first step is to retain counsel to represent you. Within 48 hours of being detained, a member of the Immigration Division will review the reasons for your detention at a hearing called a detention review.
  • At the detention review, the Immigration Division (ID) will evaluate whether sufficient reasons remain for your detention and whether the situation which led to your detention still exists. The member from the ID will hear arguments from the Minister’s counsel about why you should remain detained. Your counsel will have the opportunity to respond and challenge any evidence contained in the allegations. There are a number of prescribed legal factors to consider. If the member from the ID finds that there are grounds for detention, then they must also consider: the length of time spent in detention, how long the detention is likely to continue, and alternatives to detention.
  • After the original 48 hour review, there will be another detention review within 7 days. After this, the ID will review the grounds for detention at least every 30 days.

What happens if you are detained?

Flow chart

Flow chart

What happens if detained person is released?

After individuals are released, individuals must respect the conditions of their release. These conditions apply to individuals until individuals are removed from Canada, or until they have been changed or canceled. If a period time has passed since the conditions were applied, the individual may request that the Immigration Division change or remove the conditions. To make this request, the individual may complete an application to vary conditions of release or write a letter to the Immigration Division explaining why individuals think their conditions should be changed. Individuals must also send a copy of the completed form or letter to the CBSA.