Detention Reviews by Immigration Division:
- Immigration Division, part of IRB, conducts review to assess necessity of detention for noncitizens detained by CBSA.
- Evaluates if conditions leading to detention still exist and if detention is justified.
CBSA Interviews at Entry:
- CBSA interviews individuals entering Canada to review documents and items brought, determining admissibility and ensuring immigration law compliance.
Grounds for Detention by CBSA:
- CBSA may detain for reasons like misrepresentation, non-compliance with IRPA, serious criminality, organized criminality, security threats, human/international rights violations.
What Happens If You Are Detained?
- CBSA reports detention to IRB, justifies reasons.
- Individual may be placed in a detention facility.
- Legal representation is crucial for understanding rights and presenting a strong case.
- Detention review hearing held within 48 hours, where reasons for detention are evaluated.
- CBSA provides explanation and evidence, individual presents their position.
Process for Detention Reviews:
- CBSA presents case within 48 hours.
- Detention review hearing held with decision-maker.
- Decision made for release or continued detention based on evidence.
- Conditions may be imposed for release.
- Subsequent reviews scheduled if detention continues.
Alternative to Detention:
- Option for release under specified conditions instead of detention.
- Conditions related to reasons for detention imposed.
- Examples include living with specified person, reporting to authorities, avoiding alcohol/drugs.
Bonds and Their Impact:
- Bonds may be added to conditions for release.
- Bondsperson guarantees compliance with conditions.
- Bond provides incentive for compliance and ensures public safety.
- Seek advice from immigration counsel for accurate information.
Why Is It Necessary to Seek Legal Representation?
- Expertise in immigration laws and regulations.
- Strategic planning tailored to individual’s case.
- Assistance with paperwork and documentation.
- Legal protection and rights advocacy.
- Guidance through appeals and review processes.
- Essential for complex cases and streamlining the process.
FAQs
How does a review of immigration detention work?
The detention review shall involve: The right to legal representation, Clear reasons for detention provided by CBSA, Interpreter services available if needed, Bondsperson's testimony considered, Minister initially bears burden of proof, Alternatives to detention explored, Option for Federal Court review if disagree with decision.
Who can get an immigration detention review?
Usually, anyone held under immigration laws can. A lawyer can check if you're eligible.
What rights do people have during an immigration detention review?
People have rights to know why they're detained, to show evidence, and to have a lawyer. A lawyer makes sure these rights are respected and argues for release.
Can someone get a lawyer during the immigration detention review process?
Yes, they have the right to. Getting a lawyer can really help make a difference.
What things are thought about during immigration detention reviews?
They think about things like if someone might run away or if they're a danger to others. A lawyer looks at all the facts and argues for release.
Are there other options instead of detention during the review?
Yes, they look at things like checking in regularly instead. A lawyer can help push for these options.
What happens after a decision is made in an immigration detention review?
If it's good news, plans are made to let the person go. If it's not, a lawyer helps figure out what to do next, like making an appeal.
How often are immigration detention reviews conducted?
Initial review is conducted within 48 hours of detention, subsequent reviews - Every 7 days after the initial review, then every 30 days.
Note: “The information herein is provided for informational purposes only and should not be construed as legal advice. Read our complete Legal Disclaimer on Website”
