Regulated Canadian Immigration and Refugee Counsel
Counsel Harjeet Arora, RCIC-IRB, CICC Licence R709086
When the Canada Border Services Agency (CBSA) detains a permanent resident or foreign national, the detention must be reviewed by the Immigration Division of the Immigration and Refugee Board of Canada (IRB). The review schedule is fixed by law and moves quickly. Early preparation of a release plan often matters more than anything said at the hearing itself.
When CBSA can detain
Under the Immigration and Refugee Protection Act (IRPA), an officer may detain a permanent resident or foreign national in certain situations. At a detention review, the Immigration Division must order release unless it is satisfied that one of the grounds in IRPA section 58 applies. The most common grounds are:
- Unlikely to appear. The person is considered unlikely to appear for an examination, an admissibility hearing, or removal from Canada.
- Danger to the public. The person is considered a danger to the public.
- Identity not established. The person’s identity has not been established and the Minister is making reasonable efforts to establish it.
- Inadmissibility inquiry. The Minister is taking necessary steps to inquire into a reasonable suspicion of inadmissibility on grounds such as security, serious criminality, or organized criminality.
The detention review schedule
IRPA section 57 sets the timing of detention reviews:
- First review: within 48 hours after the person is taken into detention, or without delay afterward.
- Second review: at least once during the seven days following the first review.
- Further reviews: at least once during each 30-day period following the previous review.
Each review is a new decision. If release is refused, the next review is another opportunity to present a stronger plan or new evidence. A different schedule applies to designated foreign nationals.
What the Immigration Division considers
If a ground for detention is established, the Immigration Division must still consider whether continued detention is justified. The factors set out in the Immigration and Refugee Protection Regulations include:
- the reason for detention;
- the length of time already spent in detention;
- whether the likely length of future detention can be determined;
- any unexplained delay or lack of diligence by the Minister or the detained person;
- whether alternatives to detention exist; and
- the best interests of a child under 18 who is directly affected.
Release plans and bondspersons
If the Immigration Division orders release, it may impose any conditions it considers necessary. A clear, credible release plan gives the Member a practical alternative to detention. A plan may include:
- a bondsperson who knows the person well, can supervise them, and is willing to post a cash deposit or sign a performance guarantee;
- a confirmed residential address;
- regular reporting to CBSA;
- conditions such as a curfew or cooperation in obtaining travel documents; and
- participation in a community supervision program, where available.
The bondsperson usually testifies at the review. Their relationship to the detained person, their finances, their immigration status, and their understanding of their obligations are all examined.
How we help
Harjeet Arora, RCIC-IRB, is authorized to represent clients before the Immigration Division of the IRB. Our work on a detention matter typically includes:
- reviewing the grounds CBSA relies on and the disclosure provided;
- identifying and preparing a suitable bondsperson;
- gathering documents that support the release plan, such as proof of address, identity documents, and evidence of family and community ties;
- preparing written and oral submissions and representing the detained person at the review; and
- advising on the related matters behind the detention, including removal orders, deferral requests, a Pre-Removal Risk Assessment, or an appeal where one is available.
What to do if a family member has been detained
For a related CBSA allegation, see admissibility hearings and section 44 reports. Detention review and inadmissibility proceedings are distinct, even when they arise from the same enforcement matter.
- Find out where the person is being held and the date and time of the next detention review.
- Gather their identity and immigration documents, and any CBSA paperwork.
- Identify one or two people who could act as bondspersons.
- Contact counsel as early as possible. Preparation time before the 48-hour and 7-day reviews is short.
Coordinated immigration representation
Our team assists with detention reviews before the Immigration Division and coordinates related immigration proceedings, including removal matters and, where appropriate, Federal Court judicial review through our in-house lawyer. Each case is assessed according to the detention grounds, available evidence and applicable deadlines.
Frequently asked questions
How soon is the first detention review?
The Immigration Division must review the reasons for continued detention within 48 hours after the person is taken into detention, or without delay afterward.
What happens if release is refused?
The detention must be reviewed again at least once in the following seven days, and then at least once in each 30-day period. New evidence or a stronger release plan can be presented at each review.
Who can be a bondsperson?
Generally, a Canadian citizen or permanent resident who knows the detained person, can influence and supervise them, and is able to post a deposit or sign a guarantee. The Immigration Division decides whether a proposed bondsperson is suitable.
Does release from detention stop removal?
No. Release from detention and removal from Canada are separate matters. A person released on conditions may still have a removal order in force. See Removal Orders and Deportation and Removal Deferral Requests.
Can you guarantee release?
No. The decision belongs to the Immigration Division and depends on the facts and evidence in each case.
Detention Review Guides
- Immigration detention reviews: 48 hours, 7 days and 30 days
- Alternatives to immigration detention and release plans
- Why can CBSA detain someone in Canada?
Related pages
- Removal Orders and Deportation
- Removal Deferral Requests
- CBSA Direction to Report
- Pre-Removal Risk Assessment
- Removal Order Appeals
Speak with us about a detention matter
If a family member is detained by CBSA, contact us so we can review the grounds for detention and begin preparing a release plan.
This page provides general information only and is not legal advice. Results depend on individual circumstances. Fourth Dimension Immigration Inc. | Harjeet Arora, RCIC-IRB, CICC Licence R709086.
Immigration criteria, document requirements and public policies can change. Advice should be based on the rules and facts applicable when you apply.