DETENTION BY IMMIGRATION
Navigating Detention Reviews with the Canada Border Services Agency (CBSA)
Understanding what happens if you’ve been detained by the Canada Border Services Agency (CBSA) is essential for your next steps. The Immigration and Refugee Board (IRB) conducts the initial detention review within 48 hours or two business days of your detention.
Detentions by the CBSA, often termed “immigration holds,” serve to ensure attendance at immigration hearings or eventual removal from Canada. In rare cases, individuals may be held if their identity is under question.
The possibility of release from detention exists either at the discretion of a CBSA officer or by order of the Immigration Division (ID).
Detention reviews are mandated by law to occur within two days of arrest. If release is not granted, subsequent reviews are scheduled every seven days until release or removal. At each review, you have the right to legal representation, which is crucial given the distinct nature of immigration hearings.
Upon arrest, a notice is sent to the immigration division. Contact the regional registry of the Immigration Division to ascertain the next review date.
Reviews may occur at the detention center, conducted by visiting board members and CBSA officers, or through teleconference/video conference. Contact the IRB in advance for specific details.
Offering to post a bond, similar to bail in criminal proceedings, may secure their release. Eligibility and suitability as a bonds person must be established, potentially involving examination by the refugee board or immigration officer.
Further detention reviews will be scheduled as required by law. Gathering new evidence or securing additional bonds people may strengthen arguments against ongoing detention.
For expert guidance and support in detention matters, don’t hesitate to contact our experienced team. We’re here to help you navigate through the complexities of immigration proceedings.
