Foreign Nationals or Permanent Residents may be detained upon attempted entry to Canada or as a result of events which cause Immigration to seek a detention once a person is already in Canada. Those detained by the Canada Border Services Agency (CBSA) appear before the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB) for detention reviews.
The CBSA may detain a foreign national or permanent resident if it has reasons to believe that the person is unlikely to appear for an examination, hearing or removal and or is a danger to the public or suspects the person should not be allowed to enter or remain in Canada for security reasons, or for violating human or international rights, serious criminality, criminality or organised criminality.
When a person is detained, a detention review must be held within 48 hours. At the detention review the ID will determine whether the reasons for the detention continue to exist or whether there is new evidence to counter the government’s concerns. You may hire a lawyer to represent you and the Minister will have counsel to represent the government’s interests.
If the detention continues, the person must be provided with another hearing within seven days of the first review. The ID must hold further hearings every 30 days for as long as the person is detained. The person may ask for an early review at any time, but must justify the request. Either the detained person or Minister’s counsel may ask the Federal Court of Canada for leave, or permission, for a judicial review of any IRB decision on detention.
If Immigration finds that there is no longer a reason under the IRPA to continue detention, then the member may order the person released. The member may also order certain terms and conditions, such as posting a bond (a cash deposit) or imposing a requirement to report.
Levine Associates regularly represents foreign nationals and permanent residents who have been detained. We are familiar with the applicable laws as well as the thresholds which must be met in order to gain release. We are also able to respond quickly to ensure detainees are not held longer than necessary. If you are detained or require assistance for someone detained please contact our office to receive immediate assistance.