Detention reviews are conducted by the Immigration Division. At a detention review, the Immigration Division evaluates if the conditions of your detention still exist and if there are any adequate reasons to continue your detention.
When you enter Canada, the Canadian Border Service Agency (CBSA) conducts interviews to review your official documents and the items you are bringing into Canada.
The CBSA may choose to detain any noncitizen (a foreign national or a foreign national with permanent residency status) on the following grounds:
- Misrepresentation, for example, you are discovered providing false or misleading information
- Non-Compliance with the IRPA - the Immigration and Refugee Protection Act, for example, you are discovered working without proper authorization, etc
- Serious Criminality and Criminality, for example, you have committed a crime that is punishable with an imprisonment term of 6 months up to 10 years
- Organized Criminality, for example, you are guilty of crimes such as smuggling, prostitution, etc
- Security Grounds, for example, you are found guilty of espionage, subversion (attempts to overthrow a government, etc.), violence or terrorism
- Human or International Rights Violations, for example, you are convicted of Crimes Against Humanity and/or War Crimes
What Happens If You are Detained?
The CBSA officials are required to send a report to the Immigration and Refugee Board (IRB) to notify and give valid reasons for your detention.
Meanwhile, you could be taken to a provincial correctional facility or an immigration holding center. At this point, it is crucial to get an immigration litigation lawyer to represent you.
Within 48 hours of your detention, the Immigration Division member known as the decision maker will conduct a detention review hearing to evaluate the reasons for your detention.
The CBSA officials are required to explain the reasons for your detention and provide the facts and proof to support their statements. You or your immigration litigator will be provided with the chance to explain your position and question your detention.
What is The Process for Detention Reviews?
If you are detained by the CBSA for immigration reasons, then this is the following process:
- The CBSA is required to present your case to the Immigration Division within the first 48 hours of detention.
- You will appear before the decision maker at the detention review hearing
- The decision maker either orders a release or your continued detention
- If you are released from detention, then certain conditions could be imposed until your removal or until those conditions are changed or cancelled
- If the detention is continued, then another detention review is scheduled within 7 days
- If your detention is continued after 7 days, then another review is held within 30 days and every 30 days until you are released
What is the Alternative to Detention?
You or your immigration litigation lawyer may request the Immigration Division member to release you from detention. To support this request, you may have to agree to following certain specified conditions. This is called an “Alternative to Detention.”
The conditions should relate to the reason for your detention. For example:
- living with a specified person
- reporting to immigration authorities on a regular basis
- avoiding alcohol or drugs, etc.
The Immigration Division member will decide which conditions will be applied during your stay in Canada. The Immigration Division member may also decide to add a bond in addition to the conditions of your release.
What are Bonds and How do They Affect You?
Bonds are a type of insurance to the government to insure that you follow the conditions of your release. A bondsperson is someone who takes on the responsibility to ensure that you follow the conditions set by the Immigration Division member.
There are 2 types of bonds:
Cash Bond: You or a bondsperson are required to pay a cash deposit to the government as an assurance that you will respect the conditions set for your release.
If you fail to do so, then the money will be kept by the Government of Canada and you will be detained again.
If you respect all the conditions, then the money will be returned to the person who made the deposit.
Performance Bond: Your bondsperson is required to sign a document promising to pay an amount of money if you fail to meet the conditions set for your release.
If you do fail, then the money will be collected from your bondsperson and the CBSA may arrest and detain you again.
Why is it Necessary to Seek Legal Representation?
Has your Canadian immigration application been rejected? Have you been refused entry to Canada or is it much worse?
Treated unfairly by the Canada Border Services Agency (CBSA) or the Immigration, Refugees and Citizenship Canada (IRCC), by a tribunal or by an immigration officer?
Distressed over your situation? Is a family member involved?
There can be hope for almost every negative situation on an immigration-related decision.
Your current outcome is not definitive, it can be challenged.
Under Canadian immigration laws, almost all refused applicants have the right to seek judicial review of their immigration challenges. Most foreign nationals, permanent residents and most sponsors also have rights to appeal their cases.
At My Visa Source, our experienced immigration litigation lawyers have successfully represented our clients in front of The Federal Court and the four divisions of the Immigration and Refugee Board (IRB).
Immigration is a complex process that requires strong legal strategy, precise paperwork and perfect attention to detail and experience dealing with immigration officials and government departments, reducing the risk of wasted time, money or permanent rejection.
We take on cases with regular circumstances to ones that are very complex. Our processes have been honed to streamlined efficiency over a decade with a team who are happy, experienced, understanding, patient, cooperative, careful, neat, thorough and easy to work with. Communication with our clients is one of the keys to our success.
Why Contact My Visa Source?
With over a decade of helping people from over 120 countries on Canadian immigration matters and litigation.
You can judge for yourself the reputation of our immigration law firm.
Just Google, “My Visa Source Toronto” or “My Visa Source Vancouver” and read some of our combined 800+ reviews.
Contact us and let our immigration litigation lawyers quickly find out about every detail and sequence involving your situation, so that we can move forward on your behalf.
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