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Canada Detention Review

When someone is detained by the Citizens Security Administration (CCSA), a detention review must be conducted to determine whether detention is warranted under the Immigration and Refugee Protection Act (IRPA). The Immigration Division will review the grounds for detention immediately after detention but no later than 48 hours.

What is Detention Review?

The Immigration Division conducts detention reviews. The Immigration Division assesses whether the conditions of your detention are still reasonable and whether there are reasonable grounds for detaining you during a detention review. The Canadian Border Service Agency (CBSA) asks you upon entry to check your official documents and your imported goods. Any non-citizen (foreign national or foreign national with permanent resident status) may be detained by the CBSA for any of the following reasons:

Misrepresentation: For example, if it turns out that you have given false or misleading information.
Non-Compliance With the IRPA: For example, when caught acting without the required authority.

Felonies and Misdemeanors: For example, you may have committed a crime for which you could spend six months to ten years in prison.
Organized Any Criminal Activity: For example, if you are involved in organized crime, you are guilty of crimes like prostitution and trafficking.

Process for Detention Review Hearing

If the CBSA has detained you for immigration-related reasons, here is the procedure:

Within 48 hours of detention, the Immigration Division must hear your case from the CBSA.

At a detention review hearing, you will appear before a decision maker.

The judge issues an order for your release or your continued detention.

After your release from custody, you may be subject to conditions that will remain in place until you are removed or until they are changed or terminated.

Within seven days, another detention review will be conducted if detention is extended.

If your incarceration continues after seven days, a review will be conducted after 30 days, and so on, until your release.

How Refused Visa Can Help You In a Detention Hearing

Have you been detained after your visa was refused? Incredibly, one of the most critical factors in your detention review process can be a denied visa. Our skilled legal team focuses on handling challenging immigration cases. We exploit the fact that your visa was denied to strengthen our case for your release and to demonstrate that you are a law-abiding citizen. Even in case of a visa rejection, you can increase your chances of a legitimate detention review with our help.
Let us help protect your freedom during these difficult times.