Detention Review
Who can be detained and what are the grounds for detention?
The Canadian Border Services Agency (CBSA) may choose to detain a
foreign national or permanent resident if there are reasonable grounds
to believe that he or she:
- is inadmissible to Canada,
- is a danger to the public,
- is unlikely to appear for an examination, hearing or removal,
- has not established his/her identity.
A permanent resident or foreign national may also be detained when
entering Canada if this is necessary to conduct examinations, or if
there are reasonable grounds to suspect that he or she is inadmissible
to Canada on grounds of security, violating human or international
rights, or criminality.
If you are detained, the CBSA will notify the Immigration and Refugee
Board (IRB) of your detention. While in detention, you may be held in a
provincial correctional facility or in an immigration holding centre.
The first step is to retain counsel to represent you. Within 48 hours of
being detained, a member of the Immigration Division will review the
reasons for your detention at a hearing called a detention review.
At
the detention review, the Immigration Division (ID) will evaluate
whether sufficient reasons remain for your detention and whether the
situation which led to your detention still exists. The member from the
ID will hear arguments from the Minister’s counsel about why you should
remain detained. Your counsel will have the opportunity to respond and
challenge any evidence contained in the allegations. There are a number
of prescribed legal factors to consider. If the member from the ID finds
that there are grounds for detention, then they must also consider: the
length of time spent in detention, how long the detention is likely to
continue, and alternatives to detention.
After this initial 48 hour review, there will be another detention
review within 7 days. After this, the ID will review the grounds for
detention at least every 30 days.
Based on the evidence provided at these detention reviews, the ID may
order your release, with or without conditions, or maintain your
detention.
Keep in mind that different rules of detention apply to a foreign national who has determined to be a “designated foreign national” due to their irregular arrival in Canada (as ordered by the Minister).
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What Our Clients Are Saying
Mr. Bellissimo and his impeccable team truly stand out for their professionalism. Even before my consultation, I was confident that my questions would be answered in the best possible way. Rarely do you find a law firm where the principal and team have published specialized books with reputable publishers in their field of practice. This ensures their service is a genuine blend of theory and practice, providing you with the most accurate, scientific, and desirable results.The name Bellissimo is truly one of a kind in this industry.Beyond their exceptional legal advice, they welcome you with the utmost respect and kindness, making you feel truly valued like a member of a family.I would also like to extend my heartfelt gratitude to Ms. Athena Portokalidis for her patience and support alongside Mr. Bellissimo.Once again, I appreciate your high level of knowledge, expertise, and ethics in your field.
I've only had a consultation at this point, but everyone from the response to my initial inquiry through the actual appointment has been very approachable and helpful. If we decide to proceed, I'll be very comfortable booking their services.
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We had great experience working with team of Bellissimo Law Group. They are the best in what they do and were able to get us successful H&C application result. i would highly recommend anyone having immigration needs, please reach out, they are expert and know what they are doing. Thank you team for all the efforts you put in our case.
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I highly recommend Bellisimo Law group PCBellissimo Law Firm has been an incredible support for our family during one of the most challenging times. My mother faced an unexpected medical situation with no prior history just before her PR medical was requested, leaving us overwhelmed and unsure of our next steps. From the moment we met with Mario, Keely, and the team, we felt assured and in expert hands. They guided us through every step with professionalism, patience, and genuine care, especially in addressing the complex medical inadmissibility concerns. Keely’s clear guidance on the mitigation plan and the entire team's dedication made all the difference. Thanks to them, we’ve received our Passport Submission Request for PR. If you're facing an immigration challenge, particularly with medical issues, Bellissimo Law Firm is simply the best. Our deepest gratitude to the whole team for their hard work, compassion, and commitment. Thank you from our entire family!" Thanks to Mario and Keely once again for doing great work and always connecting with me with positive energy during this Journey !
Had a consultation this past week which was extremely helpful-- many answered questions, friendly staff, and prompt email communication. They made a terrifying process seem possible.
Bellissimo answered all my questions and put me at ease . Great advice, and a great team of people, very courteous and understanding. Took the time to explain my situation and gave me an answer. I felt heard , and was not judged. Thank you so much!!! I will be forever grateful 🙏
Truly worth everything with these guys.I came in with a very complicated case and was so daunted by the whole process. Upon acquiring their services I was immediately calmed. They’re very thorough with their work and let you know exactly what they need to do. I had the pleasure of dealing with Viola Gniadek on my case a lot, and she was nothing short of superb. She handled any question or query we had quickly and promptly. All while doing so with such an amazing attitude. Not to mention she was dealing with it all with opposite sides of the world time zones!Would 110 percent recommend Bellissimo Law group for any immigration help! I tip my hat!
