Detention Reviews

Canada Border Services Agency (CBSA) may detain a foreign national if CBSA cannot establish their identity or they believe there are reasonable grounds that they are a danger to the public or that the person is unlikely to appear for examination, a hearing or removal. The person detained has the right to a 48 hour detention review before the Immigration Division in order to give reasons why the person should be released and can provide a suitable bondsperson who can put a cash or performance bond in order to help secure their release from detention. If the Board Member orders release there will likely be conditions imposed including a possible bond and reporting to CBSA on a regular basis. If the Board Member does not allow release, the next detention review will be in 7 days. If the person is still not released there will be a detention review every 30 days. The detainee or his representative can apply for an early detention review if their situation warrants an early review. If release is not granted Judicial Review can be sought by the person detained.