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,
  • 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).

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What Our Clients Are Saying
CD Sunday
CD Sunday
My spouse and I send our appreciation to the Bellissimo Immigration Law Group, in particular Viola Gniadek, who tirelessly answered all our questions, and was always encouraging and sincere. Our case was deemed to be challenging by other law firms, but the Bellissimo team communicated with us like proper yet kind professionals. With their help, we obtained approval in less than four months, even as we were told it may take about a year of review. Our thank you and well-wishes again to Viola and the Bellissimo group. Cheers!
Nancy Quick
Nancy Quick
I contacted Bellissimo Immigration Law Group after researching the best options for my move to Canada. The firm was highly recommended and my experience with them confirms that they earned their excellent reputation.The team at Bellissimo was thorough and professional. My questions were answered promptly, and they processed my application for a Certificate of Canadian Citizenship resulting in receipt of my certificate much sooner than expected.During my career in Finance and Administration I had very high standards for those providing services to the companies I worked with. Special recognition to Amanda D'Angelo and Hannah Cho. They exceeded my expectations!I have recommended Bellissimo to friends - and I will be working with them again as my family explores immigration options.
Abeer Malik
Abeer Malik
Initial consultation was very good. I will retain them for my immigration matter.
Adair Donohue-Miller
Adair Donohue-Miller
Immigration law is so complex. I got all my questions answered, and then even more helpful information than expected regarding other suitable options for our situation. The call was quick but thorough. It covered all necessary steps, and I finished the call with clarity and peace of mind knowing we had fantastic options available to us. It's hard to put a price tag on peace of mind!
CHERRIE CHAWLA
CHERRIE CHAWLA
I had a Zoom consultation with Mr. Bellissimo, and he was incredibly kind and professional. He took the time to explain my case thoroughly and provided valuable insights. I truly appreciated his honesty in advising me that I didn’t need to hire his team since my case was straightforward. Highly recommend for anyone seeking genuine and knowledgeable legal advice!
Shiv Shankar
Shiv Shankar
Voila has assessed my case in professional way and provided us with the best possible solutions.I highly appreciate their professionalism and recommend for Immigration related assistance.
Shosho Mosaferi
Shosho Mosaferi
I want to share my exceptional experience with Bellissimo Law Group PC. Their expertise in immigration law is truly remarkable, and Mr. Bellissimo’s extensive track record of successful cases speaks for itself. A quick Google search reveals his numerous achievements and contributions to the field.Mr. Bellissimo has unparalleled knowledge and specialization in immigration law, further evidenced by his extensive publications on the subject. His books and resources have been invaluable to many navigating complex immigration matters.The entire team at Bellissimo Law Group is highly professional, dedicated, and detail-oriented. Without hesitation, I can confidently say that Mr. Bellissimo and his team are among the best in the field. They provide comprehensive, personalized pathways for immigration and other legal matters, ensuring the best possible outcomes.I highly recommend Bellissimo Law Group PC to anyone seeking expert legal advice or representation for their immigration or related cases.
Hamed Amin
Hamed Amin
Mr. Bellissimo and his impeccable team truly stand out for their professionalism. Even before my consultation, I was confident that my questions would be answered in the best possible way. Rarely do you find a law firm where the principal and team have published specialized books with reputable publishers in their field of practice. This ensures their service is a genuine blend of theory and practice, providing you with the most accurate, scientific, and desirable results.The name Bellissimo is truly one of a kind in this industry.Beyond their exceptional legal advice, they welcome you with the utmost respect and kindness, making you feel truly valued like a member of a family.I would also like to extend my heartfelt gratitude to Ms. Athena Portokalidis for her patience and support alongside Mr. Bellissimo.Once again, I appreciate your high level of knowledge, expertise, and ethics in your field.
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