Immigration Detention and Detention Review
If you have been detained by the Canada Border Service Agency (CBSA) call us at 587-722-BAIL (2245). Our lawyers are equipped to work quickly with you and your family or friends in fighting against your immigration detention.
What happens if you have been detained by the Canada Border Service Agency (CBSA)?
You could be detained by the CBSA for a number of reasons. When you have been detained, a detention review is to occur within 48 hours of your detention at the Immigration and Refugee Board of Canada’s Immigration Division. If you lose your 48 hour detention review, another one will be conducted after 7 days. If you lose your 7-day detention review, another one will be conducted in 30 days. If you lose the 30-day detention review, your detention will be reviewed every 30 days moving forward.
What are the factors that are considered in detention reviews in Canada?
Danger to the public
The Minister’s Counsel may argue that an individual is a danger to the public. This is often an argument raised where the person concerned has a criminal record or a history of violence. They may also have other issues such as health concerns.
The Minister’s Counsel may argue that an individual is a flight risk. This means that the individual may go underground, or into hiding. This is a common argument against those who have a history of not properly reporting in with the CBSA if they have reporting conditions.
The Minister’s Counsel may argue that detention is necessary in order to confirm the identity of a person. Sometimes, individuals enter the country on fake passports or fake documentation. This is a common argument against those who have been found to have multiple identities.
or dial 587-722-BAIL (2245)
How can I win my detention review?
Often, the Board Member looks into alternatives to detention. This can include things like a family member or friend who can step in as a surety to ensure that one follows the rules around their release. Another common example is a bondsperson, or a person who can put up a certain amount of money for your release. Either way, you must be prepared to provide evidence and arguments that satisfy the factors mentioned above.