April 12, 2013

What You Must Know About Detention Reviews

In the event of being detained by the Canada Border Services Agency (CBSA), permanent residents or foreign nationals have the right to a detention review hearing. This means that the Immigration Review Board (IRB) will hear the reasons as to why a case is being detained as well as hear the detainee’s response and the testimony of any witnesses that ma yprovide any information on the case.

There are several reasons why someone might be detained:

·they pose a threat tothe public,

·their identity needs to be established,

·they might be inadmissible to Canada for security reasons,

·they are unlikely to show up for their hearing or for their removal from Canada.

Once the IRB has reached a decision concerning the case, the detainee will either be released or remain in detention. If the decision is made to remain in detention, there will be another hearing seven days after the origin alone. If again the decision is reached to keep the detainee in detention, a third review will be set for thirty days subsequent,and every thirty days until the detainee is released or removed from the country. Upon release, the person must abide by the conditions of the release until they leave the country or until the conditions are altered or cancelled.

Click here for more information on detention reviews.

Click here to watch a video on detention reviews.