In Exceptional circumstances Foreign Nationals & Permanent Residents can be detained

Immigration Detention Review Lawyer

Immigration Detention Review lawyer Toronto Ontario

Immigration Detention Review Lawyer


Foreign Nationals and Permanent Residents can be detained by the Canada Border Services Agency for any of the following reasons:

  • The person is unlikely to appear for examination, an admissibility hearing, removal from Canada, or at a proceeding that could lead to the making of a  removal order by the Minister under subsection 44(2) of the Act;
  • The Minister believes tha the person is a danger to the public; or
  • Is a foreign national whose identity has not been established.

When and how often is a Immigration Detention Review Held?


Once detained a person will have a right to have their immigration detention reviewed by a Member of the Immigration Division, Immigration Refugee Board of Canada within the first 48 hours. The Member will review the case and decide if the individual should remain in immigration detention, or be released with or without conditions.

The IRB holds another Immigration Detention Review case subsequently, after the first 48 hour review, within seven days and again every 30 days after that.

How does an Immigration Detention Review Work?


You have the right to have to a lawyer present, to know the reason(s) for your detention and the right to have an interpreter present at your hearing.

It is advisable to have a suitable bondsperson present for your hearing and propose a bond as an alternative to your detention. When a bondsperson is present and available to testify, members must hear direct evidence from the bondsperson before determining that the person is not suitable to be a bondsperson.

Although the onus is on the minister to demonstrate that the person must remain detained, once the Minister demonstrates that there is grounds for your immigration detention, the onus shifts onto the detained person.

If you do not agree with the member’s decision you might have a right to seek Leave and Judicial Review at the Federal Court.

The government recently published new guidelines regarding detention reviews which explicitly states that detention should only be considered in exceptional circumstances.

Furthermore, Members must actively consider and reassess alternatives to detention at every detention review. For more information click here.

What Can an Immigration Detention Review Lawyer do for you?

An Immigration Detention Review Lawyer can:

  • Request disclosures from the Minister;
  • help you understand the procedure and what are the grounds for your detention;
  • Help you determine how to address if possible the grounds for detention;
  • Assist you in making disclosures to the Board and the Minister; 
  • Help you determine who can be a suitable bondsperson (amongst the people you propose)
  • Question you at the hearing or any witness/bondsperson
  • Make submissions on your behalf
  • Raise procedural concerns if applicable

If you or a loved one is detained by the Immigration Authorities you might want to book a paid consultation to discuss your case with an Immigration Detention Review lawyer.

Please note that this is general Information and should not be construed as legal advice.


Have questions? book a Paid consultation

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