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).
Contact Us
Important Immigration Court Decisions
What Our Clients Are Saying
I recently had the pleasure of working with Bellissimo Law Group to resolve a misrepresentation issue on my permanent residency application, and I cannot recommend them highly enough. From the very beginning, their team was incredibly responsive and attentive, making sure I was informed and comfortable with every step of the process.
Their expertise and dedication were evident throughout my case. They meticulously reviewed all the details, provided clear and professional advice, and guided me through the complex legal landscape with ease. Their support was unwavering, and they always made themselves available to answer any questions or concerns I had.
Thanks to Bellissimo Law Group, my permanent residency application was successfully resolved, and I am now a proud resident of Canada. If you are looking for a law firm that truly cares about their clients and delivers outstanding results, look no further than Bellissimo Law Group.
I highly recommended Bellissimo Law Group for both legal and the process of application for immigration. The team handled my 2 cases brilliantly. They are very knowledgeable and the work and service are outstanding and very professionally done. Viola Gniadek, Christopher Colette and Punya Bagga handled my first case for my nephews and Michelle Boeriu on the second case for my brother. These two cases have been approved. Thank you with all my heart for the job well done. I really appreciate your valuable work and services. I would like to express my deepest gratitude to the team and Belllissimo Law Group.
I scheduled a consultation with Bellissimo Immigration Law Group and was incredibly pleased with how helpful they were. Not one, but two lawyers were on the call to advise me, and they took the time to look into all possible immigration options for me and my family. I had done a lot of research prior to speaking with them, but that consultation made me realize how difficult the process would be without a law firm that keeps up with the frequent policy changes. They offered invaluable advice and I will definitely hire them to create my profile when I have everything together.
Lijing was very knowledgeable and answered all of my questions in great detail. I highly recommend Bellissimo for immigration issues!
Thank you Belissimo Law Group for helping my husband and I navigate through his PR application. It’s difficult to know who to trust, especially with matters as sensitive and complex as immigration but I am so happy that I made the choice and chose BLG. They not only have an incredible comprehension of immigration law but also a great deal of compassion and consideration for their clients. I truly enjoyed working with them and I feel grateful that there are people out there working hard to make a positive impact on someone else’s life like they did with mine. Thank you again BLG, I would recommend your services to anyone in the same or similar situations!
On a side note, for people out there who are thinking about hiring an immigration consultant, please talk to a law firm first. Some consultants charge the same or more for their services without needing to have a good comprehension of immigration laws.
I highly recommend Bellissimo Law Group for their exceptional expertise and dedication to immigration law. Their team demonstrates a deep understanding of complex legal matters and provides thorough, personalized guidance throughout the entire process. They are professional, responsive, and committed to achieving the best possible outcomes for their clients. Especially, thanks to Lijing and Shuai for assisting us on our case to achieve great outcome.
any modifications!
Exceptional Legal Support from Bellissimo Law Group – Highly Recommended!
It has been a pleasure working with Bellissimo Law Group. During the challenging times of COVID, I was searching for a trusted lawyer to handle my case but had difficulty finding the right support. That changed when I reached out to Bellissimo Law Group.
From the very beginning, they understood my case and provided expert guidance. My first application involved LMIA, work permits, and extensions, all of which they handled with professionalism and efficiency. With their support, I was able to navigate multiple legal processes successfully, ultimately obtaining my permanent residency in Canada.
Despite delays caused by longer processing times during COVID, the team remained supportive throughout. A special mention to Ms. Lijing Cao and her associates, who managed my applications from start to finish and played a crucial role in securing my permanent status.
I highly recommend Bellissimo Law Group to anyone seeking reliable, professional, and dedicated legal assistance!
I cannot express enough gratitude for the incredible support and expertise provided by Mr Mario and Keely for my dad’s medical inadmissibility case. I retained their law firm after receiving the PFL . From the very beginning, they guided us through the complexities of the immigration process with professionalism, care, and honesty. They not only helped us navigate legal challenges but also provided advice that quite literally saved my dad’s life. They prepared a strong mitigation plan for my dad’s case that worked in our favour. I was particularly impressed by their quick response time and willingness to address any concerns promptly. What sets them apart is their genuine compassion and dedication—they truly care about their clients and go above and beyond to make a difference. I would definitely recommend them to anyone with their immigration issues especially for medical inadmissibility.
We would like to thank all the people at Bellissimo Law group for their hardwork and help with our PR file. Mario is professional and the best in providing legal advise.
Special mention to Keely who was working on our file since day 1 and went out of the way to ensure we get our permanent residency. She was empathetic and never missed a single thing in our case.
We would recommend this firm to all people who want legal professional advise.
