What is a Detention Review Hearing?
A detention review hearing occurs when a permanent resident or foreign national has been detained by The Canadian Border Services Agency (CBSA). This hearing is to determine whether or not the individual should continue to be detained, or if they should be released. CBSA is required to inform the Immigration Division of the Immigration and Refugee Board of Canada of the detention. A detention review hearing will be held within 48 hours of the individual being detained.
Reasons for Detention
You may be required to stay in detention if you meet at least one of the following:
- You are a danger to the public
- You have past violent behaviour
- You have criminal convictions for offences relating to violence, drugs, weapons
- You have issues related to alcohol or drug addiction
- You are unlikely to appear when you are asked to
- If the CBSA determines that you may now show up when you are required to (such as to a hearing), you may remain detained
- The CBSA may provide examples from times when you did not show up to required appointments
- Your identity has not been established
- If you arrived in Canada without documents to prove your identification, you may remain detained
- If the identity documents you provided may not be legitimate
- The CBSA believes that you may be inadmissible to Canada
- For reasons regarding security/violation of human or international rights/criminality/organized crime
What if after the hearing, they still decide that I must stay in detention?
If this happens, you will have an additional detention review hearing within seven days. If after this second hearing you are still ordered to remain detained, these reasons for detention will be reviewed again within 30 days. This will continue every 30 days until you are released or removed from Canada. You are allowed to present new facts to support a request for release at each detention review.
If you or someone you know has been detained, it is a good idea to seek legal help. Our lawyers can help you present the best case on your behalf. We offer free consultations for immigration detention matters. We are experienced in this area and are prepared to present the important facts at your detention hearing. Nobody wants to be stuck in detention, and our lawyers can help to make sure that does not happen.