When the CBSA detains you, it must tell the Immigration Division of the IRB which will then ask its member to conduct 48 hours detention review hearing of you. The hearing member will decide whether you should be released or stay in detention. If detention continues you will have another hearing after 7 days of the first review. Any subsequent reviews of your detention will be held at least after every 30 days.
Detention Review
If you are a permanent resident or a foreign national and has been detained by the CBSA, you have the right to an independent review hearing to determine reasons of your detention.
Frequently asked questions
Continued detention may be ordered if the CBSA can establish that you shall not be released because:
- you are a danger to the public;
- you are likely not to reappear for next hearing or for your removal from Canada, if released;
- your identity has not been established yet; or
- you are inadmissible to Canada for:
- security reasons;
- violation of human or international rights; or
- involvement in serious criminality, criminality or organized criminality.
Although you can represent yourself, however, because the law and the procedures are complex, it is always advisable that you seek legal advice as detention is a serious matter.
GSS Law Firm can assist you in detention review hearings, immediately contact us if you or your family member or friend has been detained.
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