Immigration Detention Hearings and Reviews: What you need to know.

By Michael Niren January 21, 2009 2 min. read

Immigration detention hearings in Canada

Often our law firm gets calls from people who have been “picked up” by the immigration authorities, in Canada known as the Canadian Border Service Agency (CBSA). In most cases, such persons are residing in Canada without status, sometimes for many years. These “overstays” usually came to Canada legitimately as visitors, workers or students but remained beyond their visa permits and may face an immigration detention hearing.

Preparing for an immigration detention hearing: Do you need an immigration lawyer?

Other people subject to immigration detention can actually be legal Canadian permanent residents who have criminal records. In some instances, certain criminal offences can result in deportation proceedings even if you are a permanent resident. Generally, but not always, only Canadian citizens are immune to deportation.

If you or someone you know, has been apprehended by the CBSA and are sent to an immigration detention centre, you have certain rights that you should be aware of.

Firstly, under Canadian immigration regulations, you have a right to an immigration detention hearing, formally called a “Detention Review”.  According to the regulations, your immigration detention hearing must take place within 48 hours of being detained. Now, in practice, the 48 hour rule sometimes does not work out, especially in cases when the detention takes place, say, on a weekend. Scheduling issues in getting a immigration judge (called a “Member”) sometimes results in a delay for a day or two before your case is heard.

At the detention review hearing, the Member has to consider three factors when deciding whether to release the person in detention:

  1. Whether the person poses a “flight risk”. Will the person, if released, appear when Canada immigration contacts him or her?
  2. Whether the person is considered  to be a “danger to the public”. Detainees who have a criminal record will be more likely not be released if they have an extensive or serious criminal history in Canada or elsewhere.
  3. Whether the person’s identity can be ascertained. In the vast majority of cases, identity is not really an issue as Canada immigration usually has the person’s passport or ID in their possession and knows the true identity of the person in detention.

At the immigration detention hearing, the Member may consider ordering the release of the person if a bond is proposed, usually in the form of cash and performance (promise to pay) by a Canadian citizen or Canadian permanent resident. The Member will consider the amount of the bond proposed and the nature of the relationship of the bonds-person to the detainee, in making a decision to release the person from detention. The Member will weigh these factors with the three grounds of detention mentioned above and make a decision about whether to make an order for release or continued detention.

If after considering these factors, the Member orders that release is not warranted, then the person in detention has a right to another, second Detention Review within 7 days of the original 48 hour hearing. And if at the 7 day hearing, the person is still not ordered released, he or she has right to yet another immigration hearing within 30 days of that hearing.

If you or someone you know has been detained by Canada immigration, it is important to contact an immigration lawyer as soon as possible to prepare for the first 48 hour Detention Review in order to increase the chances of getting released.

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Lisanne Cholette

Mansi has been helping me navigate through a new chapter in my life. It has been a huge comfort to be able to lean on her knowledge and expertise and I would highly recommend her to anyone!

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BERLITA COLLADO

I am so very thankful to the VISAPACE team for making it all come true and possible from my Open Work Permit to my Permanent Residence, you make it all happen .Thank you very much from the bottom of my heart , Thank you for being part of my achievements. Now I am now a Permanent Residence through the effort, power and knowledge of VISAPLACE LEGAL TEAM.
Sending you my best appreciation and thank you.

Berlie Collado

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Shahrzad Sh

“I truly want to thank Mansi. Her patience and thoughtful advices made a big difference for me. Her recommendations were not only helpful but also gave me clearer insight. Words can’t fully express how grateful I am for her support.”

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kevin geoffrey

Visa place helped me with my daughter’s sponsorship 3 years ago. Last week I contacted them for some clarification on a different matter. It was about an issue which technically was a problem of CIC’s software glitch and had nothing to do with Visa Place.
Yet Reena Sandu was assigned for my case. she helped me with enthusiasm and showed no hesitation despite me being an ex-client from 3 years ago.
I was very happy that even after 3 years of finishing business, Visa Place were respectful of their clients. Special thanks again to Reena for her enthusiasm and support.

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Nessie Leigh Ilarde

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parker ellis

Mansi Sanghvi has been nothing for of remarkable for me. I have been dealing with a visa, immigration issues , and any time I have to call her, she has been there to answer any questions. Has answers to every question and is there to HELP YOU. Truly could not recommend her more.

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