Who can be detained and what are the grounds for detention?
The CBSA may choose to detain a foreign national or permanent resident for the following reasons:
- is unlikely to appear for a hearing or removal,
- is a danger to the public or has violated human or international rights, or
- has not established her identity.
Once you are detained, the CBSA will notify the Immigration and Refugee Board of your detention. 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 and decide whether there is a reason under the Immigration and Refugee Protection Act to continue detention or whether you should be released.
While in detention, you may be held in a provincial correctional facility used as a jail or holding centre.
At the detention review the Immigration Division (ID) reviews the grounds for detention to ensure the person is not detained without sufficient reasons or that the situation which led to the detention still exists. The member from the Immigration Division 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.
ID carries out reviews of detentions…
- within 48 hours of the initial detention,
- then within 7 days of that first review.
- After that, the ID reviews the grounds for detention at least every 30 days.
Based on the evidence provided, the ID may order the individual’s release, with or without conditions, or maintain their detention.
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Bill C-31 has received royal assent! Please stay tuned for further updates…
Recent Immigration Court Decisions
Detention Review Cases Click Here