What is the timeline for a detention review?

The initial review occurs within 48 hours, with follow-ups at 7 days, 30 days, and periodically after that.

Can I have a consultant or representative at my detention review hearing?

Yes, you have the right to be represented by a detention review consultant at your own expense.

What factors does the Immigration Division consider when deciding on release?

The decision may consider identity verification, flight risk, public safety concerns, and previous compliance with immigration conditions.

What if I don’t have family or friends in Canada to act as a bondsperson?

Alternative arrangements can be made, such as support from a community organization or other reliable forms of evidence.

What happens if my detention review is not successful?

If not released, you remain detained, and another review is scheduled. You may also seek a judicial review of the decision.

Can I appeal the decision of the detention review hearing?

A judicial review by the Federal Court is possible if you believe the decision was incorrect based on law, fact, or procedure.

How long can immigration detention last in Canada?

While there is no maximum period, regular reviews help ensure detention is justified.

Secure Your Freedom: Expert Guidance for Detention Reviews

It’s crucial to understand that you don’t have to face immigration detention alone, even if it might be a daunting experience. We provide immigration consulting services, and our knowledgeable team will walk you through every stage of your detention review hearing, assisting you in comprehending the procedure, obtaining necessary documentation, and making a compelling case for release.

Home / Enforcement / Detention Review

What is an Immigration Detention Review?

Knowing your rights and the detention review procedure is essential if you are facing immigration detention in Canada. The Immigration Division (ID) of the Immigration and Refugee Board (IRB) holds a formal hearing known as a detention review to decide whether to release or hold a detained person. Numerous factors, such as difficulties with identification verification, security concerns, or the possibility of non-compliance, might lead to detention.

The outcome may be greatly impacted by seeking expert advice at every stage of the detention review process, which will enable you to navigate any compliance requirements and make a compelling case for release.

Why People Are Detained and Your Rights While Detained

A person may be detained by Immigration, Refugees and Citizenship Canada (IRCC), or CBSA, for the following reasons:

Difficulty verifying identity
Potential security risks
Concerns about failure to attend future immigration proceedings
Public safety concerns

Rights While Detained: Detainees have the right to counsel, interpretation services, and regular detention review hearings. It’s important to understand that detention is not a punishment but a measure to address immigration concerns, with safeguards to protect detainee rights.

Navigating the Steps of a Detention Review

Initial Review: The first detention review occurs within 48 hours of detention.
Subsequent Reviews: If detention continues, reviews happen at 7 days, 30 days, and regularly afterward. Managers and team members can formally analyze a person’s performance and development over the first three months of a new position using a 90-day detention review. This evaluation is a crucial part of an organization’s onboarding process as well as a performance management tool.
Hearing Format: Attendees include an Immigration Division member, a CBSA officer, the detained individual, and their counsel. Evidence is presented, and decisions are based on factors like flight risk, identity verification, and any criminal background.

Steps to Build a Strong Case for Release

Collecting Evidence: Secure identity and character references and community support letters.
Plan of Release: Presenting a solid release plan, potentially including a bondsperson or surety.
Professional Representation: Having an experienced detention review consultant increases your chances, helping you prepare and present your case effectively.
Mock Hearings: Practicing through mock hearings can help detainees gain confidence and clarity.
Emotional Preparedness: Managing stress and maintaining composure is essential during the hearing.

Overcoming Obstacles to Secure Release

Common challenges include:

Lack of Documentation: Addressing situations where identity documents are unavailable.
Criminal Background: Handling concerns if past convictions are present.
Flight Risk Concerns: Demonstrating community ties and family support to mitigate flight risk.
Language Barriers: Ensuring clear communication with interpreters.
Previous Violations: Strategies for addressing past non-compliance with immigration orders.

Expert Support Through the Detention Review Process

Our consulting services can help you navigate the Canadian detention review process by:

Case Assessment: Reviewing the details of your detention and identifying areas of strength.
Document Preparation: Gathering and organizing essential documents and evidence.
Representation: Advocating on your behalf during the detention review hearing.
Plan of Release Development: Creating a robust release plan that aligns with the Immigration Division’s concerns.
Post-Release Guidance: Advising on compliance with release conditions to avoid re-detention.

FAQs About Detention Review

What is the timeline for a detention review?
The initial review occurs within 48 hours, with follow-ups at 7 days, 30 days, and periodically after that.
Can I have a consultant or representative at my detention review hearing?
Yes, you have the right to be represented by a detention review consultant at your own expense.
What factors does the Immigration Division consider when deciding on release?
The decision may consider identity verification, flight risk, public safety concerns, and previous compliance with immigration conditions.
What if I don’t have family or friends in Canada to act as a bondsperson?
Alternative arrangements can be made, such as support from a community organization or other reliable forms of evidence.
What happens if my detention review is not successful?
If not released, you remain detained, and another review is scheduled. You may also seek a judicial review of the decision.
Can I appeal the decision of the detention review hearing?
A judicial review by the Federal Court is possible if you believe the decision was incorrect based on law, fact, or procedure.
How long can immigration detention last in Canada?
While there is no maximum period, regular reviews help ensure detention is justified.

Secure Expert Help for Your Detention Review

Having a strong consultant on your side is essential for the best chance of release. Our experienced consultants are here to help with every step of the detention review process.