Detention Review Hearing
A foreign national or Canada permanent resident visa may detain by the Canadian Border Services (CBSA) if there are reasonable grounds to consider that they are:
- Danger to public
- Inadmissible to Canada
- Appear for a hearing or removal
- Not verified their identity.
What Happens If A Person Gets Detained?
What Happens After You Are Released?
If a foreign national or permanent resident gets detained, they will have seven (7) days to have their first detention review hearing. The ID takes further hearings every 30 days for as long as the person gets detained. The person may request an early detention review with justification at any time. At each detention hearing in federal court, a permanent resident needs to show new evidence that supports their request for release. If Immigration determines no reason under the IRPA to proceed with detention, the person gets a release.
When a person is released, they must follow the conditions of release. These conditions proceed until you are taken out from Canada or until they have been changed or dropped. You can request the ID to change or withdraw your release conditions if you have been followed for a long time, or if your circumstance has changed a lot since they were imposed on you. You are required to write a letter explaining why you want to change your conditions to ID. Also, you need to send a duplicate copy of the letter to the CBSA.
Early Detention Reviews
For the early detention review, a person needs to write an application. It means that a detention review would take place before the expected time. The Canada Border Services Agency (CBSA) may reject the application for an Early Detention Review if they are opposed to the request. If a person provides new information that supports an early review of their detention, the member may allow for an early detention review hearing.
The application must include the following information:
- Name of the recommended bondsperson(s)
- Status of a bondsperson in Canada
- Relationship of bondsperson to the concerned person
- Proposed type of bond (cash or performance)
- Financial report to assess the proposed dollar values
- Three recommended dates for the early detention review
How Move Immigration Services May Help for Detention Cases
Move Immigration Services help to represent foreign nationals and permanent residents who have been detained. We understand all the applicable laws for detention review hearings release and the thresholds that are required to fulfill. Our qualified and IRCC licensed consultants can respond promptly and ensure that detained persons must not be held in detention for any longer than needed.
If you are detained and needed assistance, contact us today for a consultation at +1 (416) 996-0786, or you can email us at info@moveimmigration.com