If you are detained in Canada due to immigration reasons, you have the right to request a detention review by the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB).
A detention review gives you an opportunity to ask for your release and present a clear plan that addresses the concerns raised by the Canada Border Services Agency (CBSA). Depending on your situation, this may include a bondsperson, a place to live, regular reporting, a curfew, or other conditions.
What Is a Detention Review?
A detention review is a hearing where an Immigration Division member decides whether you should remain in immigration detention or be released. CBSA will give you the reasons why they believe detention should continue. You (or a lawyer) have the right to address CBSA’s concerns, provide supporting documents that can make your case stronger, and propose a release plan.
The Immigration Division is separate from CBSA and decides whether you should remain detained or not.
When Does a Detention Review Happen?
For most people detained under Canada’s immigration law:
- First review: Within 48 hours of detention, or as soon as possible afterward.
- Second review: Within 7 days if detention continues.
- Further reviews: At least every 30 days while detention continues.
Different rules can apply to certain designated foreign nationals, so legal advice is important in these cases.
Why Can CBSA Detain Someone?
CBSA can detain someone only as a last option, after considering other options first. They may detain a person if there is a reason to believe that the person:
- Can be a danger to the public
- May not show up for an immigration hearing or removal
- Cannot prove their identity (for foreign nationals)
At the border, they can also detain someone if they need more time to finish an examination or if they reasonably suspect the person may be inadmissible for security, human rights, or criminal reasons.
What Happens at a Detention Review?
During the hearing:
CBSA presents its case
A CBSA hearings officer explains why the person was detained and why CBSA believes detention should continue.
The person responds
The detained person or their lawyer can challenge CBSA’s concerns, correct inaccurate information, and provide evidence.
A release plan is presented
The person can propose alternatives to detention, such as a suitable residence, regular reporting, supervision, or a bondsperson.
The Immigration Division makes a decision
The member decides whether the person should remain detained or be released, with or without conditions.
Alternatives to Detention
The Immigration Division must consider whether detention can be replaced with appropriate conditions.
Depending on the case, these may include:
- Regular reporting to CBSA
- Living at a specific address
- Living with a family member or other responsible person
- Following a curfew
- Providing a cash deposit or guarantee
- Following other reasonable conditions
A strong release plan should directly address the reason for detention.
What Is a Bondsperson?
A bondsperson is someone who agrees to make sure that the person follows their release conditions. (In short, it is a Person who provides a guarantee)
A bond may involve:
Cash deposit: Money is deposited with the government.
Guarantee: The bondsperson promises to pay a specified amount if the person does not comply with the conditions.
A suitable family member, friend, employer, or community member may be able to act as a bondsperson, depending on the circumstances.
What If Release Is Refused?
If the Immigration Division decides to continue your detention, another review will usually take place within 7 days and then at least every 30 days.
At a later review, the person can provide new evidence or a stronger release plan, such as a new bondsperson, better accommodation, additional identity documents, or other evidence that addresses CBSA’s concerns.
How CityLaw Can Help?
Our professional immigration lawyers can assist in reviewing the reasons for detention and preparing a strong release plan. As experts, we know what steps need to be taken and what actions are required as per the conditions. So never delay referring to experts. If you or a family member has been detained by CBSA, contact CityLaw Group as soon as possible to discuss your situation and options for seeking release from immigration detention in Canada.
