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Specialists in Immigration Litigation & Inadmissability
20 Eglinton Ave. West, Toronto ON
Mon-Fri 9:00 - 6:00

Detention Review

Who can be detained and what are the grounds for detention?

The Canadian Border Services Agency (CBSA) may choose to detain a foreign national or permanent resident if there are reasonable grounds to believe that he or she:

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

A permanent resident or foreign national may also 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 you 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 this initial 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.

Based on the evidence provided at these detention reviews, the ID may order your release, with or without conditions, or maintain your detention.

Keep in mind that different rules of detention apply to a foreign national who has determined to be a “designated foreign national” due to their irregular arrival in Canada (as ordered by the Minister).

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Important Immigration Court Decisions

Detention Reviews

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Detention Reviews

  1. Kippax v. Canada (2014 FC 429)
    Key paragraphs: 15, 16, 34
  2. Canada v. Ismail (2014 FC 390)
    Key paragraphs: 58, 59, 65, 68
  3. Bruzzese v. Canada (2014 FC 230)
    Key paragraphs: 16, 18, 20
  4. Tursunbayev v. Canada (2014 FC 5)
    Key paragraphs: 42, 43
  5. Azadi v. Canada (2013 FC 743)
    Key paragraphs: 38, 39, 40, 41
  6. Canada v. Hassan (2012 FC 1357)
    Key paragraphs: 42, 46, 47, 48, 49
  7. Canada v. Berisha (2012 FC 1100)
    Key paragraphs: 91, 92
  8. Canada v. B001 (2012 FC 523)
    Key paragraphs: 25, 26
  9. Tursunbayev v. Canada (2012 FC 504)
    Key paragraphs: 55, 74, 84, 89, 99

What Our Clients Are Saying
Bellissimo Law has been the greatest help we could have asked for our journey. Our case needed an appeal which was very well organized, documented and presented to the authorities. We received a positive decision on the case all because of the expertise of Mr. Bellissimo and team. Keely and John are great at responding all smart and stupid questions and the team is very prompt to answer emails. They have the entire process streamlined, right from extension to evidences which makes our job easier. We got the quotes from some of the other law firms too who are all good and had lower charges. We chose Bellisimo because they are the best and in the long term a few extra bucks won't matter but the results will. Highly recommended.
Vaibhav Chaturvedi
Vaibhav Chaturvedi
16:51 06 May 19
Our immigration process was handled by Bellissimo Law Group. The first consultation with Mr Bellissimo was very insightful. Ms Keely Anderson was particularly very helpful. She guided us through the process. I will definitely recommend this law firm. They know what they are doing. Thanks once again for guiding us through the process.
Dare Sokoya
Dare Sokoya
19:27 28 Mar 19
I greatly recommend Bellissimo Law Group. After a long time waiting, I will finally be reunited with my son here in Canada. We are very grateful for all the great, very professional services that they have done for my case. My personal thanks to Kelly Anderson and her group. More power to all of you!
michele medalla
michele medalla
23:36 04 Mar 19
I wish I’d found Bellissimo Law 9 years ago before taking the advice of a so called Immigration Consultant who led our family to a very costly near disaster in our quest to immigrate to join our family in Canada. Years later, in desperation, at a Procedural Fairness Letter stage internet research seemed to suggest Bellissimo Law may be the company to deal with our problem. From the first consultation with Bellissimo Law their extremely thorough, very focused telephone interview personified professionalism and reassurance. All subsequent dealings with any member of the team were of the same high standard. It was clear to us that Mario Bellissimo leads from the front and that his staff not only respect him but that they are trained to match his standards and caring approach. I believe it is very important to mention that although they seem expensive, when our particular problem resolved more quickly and easily than anticipated they refunded the money which had not yet been used. Thanks particularly to Keely, our lead person, and to all at Bellissimo. I will always, highly recommend Bellissimo Law. Keep up the good work. In less than 6 months all our worries are over. We are now permanent residents.
Patricia Forsythe
Patricia Forsythe
23:33 22 Mar 19
Very professional and very informative on the phone. Good to see that it is not all about money and more about relationship building. Highly recommended. Thank you!
Atabak Amirabrahimi
Atabak Amirabrahimi
17:19 16 Apr 19
Great service and successfully guided us through the immigration and citizenship processes. Terrific attention to detail, and created a terrific case for our application, which was successfully approved. Attached is a picture with the judge. A wonderful day. So proud to be a Canadian!
Carlos Berber
Carlos Berber
15:45 26 May 19
Bellísimo law group made a dream a reality. They help me throughout the entire process of becoming a Canadian permanent resident. Great service. I will definitely use their services again in the future. Highly recommended
Jose Rendon
Jose Rendon
01:01 29 May 19
We had a fantastic experience with Bellissimo Law Group. From Mr. Bellissimo to the entire staff, in particular Viola Gniadek, were professional, diligent, knowledgeable and available at all times. We thank the entire group for a successful resolution for my friend Catherine. I would highly recommend the firm for any and all of your immigration needs. Thank you all for a job well done!
Liliana Pelech
Liliana Pelech
14:53 01 Jun 19
I sponsored my parents in 2007 and I was refused in 2013 based on medical inadmissibility of my mentally challenged brother. I found Late Mr. Rotenberg as my original lawyer who passed away during the process. I was very disappointed as I was counting on his expertise to help me with my situation. Mr. Bellissimo was God send for me to help me with my case. I am very thankful that he took on my case. His team member Ms. Tamara Thomas worked with me and advised me with regards to the documents that I needed to obtain, they did extensive research on eligibility criteria of various social and health systems. They worked with me on the interview preparation. The time spend working with them was very targeted and very specific to address the Minister's concerns. They ensured there was no further waste in time or any delays. The way they presented my case and helped me win it only a world class Law firm can do that as there were times I was going to lose my hopes. I would totally recommend this law firm to anyone who is going through similar situation as mine with both hands down. Mr. Bellissimo and the team (Ms. Tamara Thomas) you guys are amazing and thank you so much again for reuniting me with my family in my beautiful dream country Canada.
Irshad Khan
Irshad Khan
17:46 04 Jun 19
They’re very professional and the advice was given 100% accurate. The lawyer Justin Toh didn’t rush at all. He took the time to answer all our questions in details. I’m very happy with their service.
Shah Alam
Shah Alam
21:15 09 Jul 19