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,
is a danger to the public,
is unlikely to appear for an examination, hearing or removal,
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).
I had a truly excellent experience with Bellissimo Immigration Law Group. Keely is knowledgeable, warm, and incredibly detail-oriented, and Mario brings a wealth of experience and insight.
I was helping my son’s nanny navigate a very complex immigration situation. She had been living with us in Canada for three years when we began her permanent residency application. During the process, we discovered an issue with her original work permit application. While it was an honest mistake, we knew it could have serious implications and wanted to handle it carefully.
We consulted several immigration lawyers, and most advised that it would be a difficult case. Many suggested submitting an explanation and hoping for the best. The Bellissimo team also acknowledged the challenges but recommended a different approach — applying on Humanitarian and Compassionate (H&C) grounds. Mario had experience with this path and believed it would give us a stronger chance of success.
The application process was thorough and required a significant amount of work. Keely guided us every step of the way. In total, we submitted over 80 supporting documents, many beyond the basic requirements, to fully demonstrate our nanny’s life in Canada and her contributions to our family and community. Keely and Mario also prepared a comprehensive submission that tied everything together clearly and persuasively.
Due to COVID backlogs and changes in immigration policies, the process took several years. Throughout that time, the Bellissimo team continued to check in and monitor our file — they truly don’t just submit and walk away, which we really appreciated.
We are so happy to share that our nanny has now received her permanent residency. Looking back, I am convinced that their strategy, attention to detail, and dedication made all the difference.
I would highly recommend Bellissimo Immigration Law Group, especially for anyone dealing with complex or non-straightforward immigration cases.
orlando orlandoo
1 month ago
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Amanda Suckra
2 months ago
"When our spousal sponsorship was denied due to a large age gap, we felt judged and defeated. Bellissimo Law Group changed everything. Alexandra Goncharova and her team are absolute experts in these sensitive cases; they didn't just provide legal advice—they gave us our future back.
Alexandra was meticulous, fearless, and prepared us so thoroughly that our refusal was successfully overturned. If you are facing a complex appeal where the odds seem stacked against you, Bellissimo is the firm you need, Highest recommendation!"
Kenneth Perry
4 months ago
Bellissimo Immigration Law Group made a complex process feel clear and manageable. Their team was professional, attentive, and genuinely committed to helping me succeed. I always felt informed, supported, and in excellent hands. I’m truly grateful for their work and highly recommend them.
Nasir Khan (Nasikan)
5 months ago
I had an excellent experience working with Alexander on my IAD appeal. She guided us through every step with patience, clarity, and professionalism. The way she prepared us for the interview and handled the hearing was truly impressive. Our appeal was approved, and we’re extremely grateful for her hard work and dedication. Highly recommended!
James Christie
5 months ago
Lisa Fletcher
5 months ago
I am thankful that I was able to use the services of Bellissimo Law Group. Hannah, my immigration attorney, walked me through every step and answered every question I had. The process was made so much easier with her help and we achieved success! I am now a Canadian citizen! Thank you, Hannah and the team at Bellissimo.
