Detention Review

Detention review is a legal process that allows individuals held in immigration detention to challenge the legality and conditions of their detention. If you are detained by Canadian immigration authorities, you have the right to request a review of your detention to ensure that it is lawful and justified. This process is critical in safeguarding your rights and ensuring that detention is used appropriately.

Individuals may be detained by immigration authorities for various reasons, including:

• Pending Removal:If you are awaiting deportation or removal from Canada, you may be detained to ensure your presence for the removal process.

• Risk of Flight: If authorities believe you are at risk of fleeing before your immigration proceedings are complete, you may be detained.

• Security Concerns:If there are concerns regarding your security or involvement in criminal activities, you may be detained.

• Identity Issues: Detention may occur if there are difficulties verifying your identity or if you have provided false information.

Your first detention review will take place within 48 hours of your detention. During this review, the Immigration Division (ID) of the Immigration and Refugee Board (IRB) will decide whether to release you or continue your detention. The review is typically conducted by the Immigration Division (ID) of the Immigration and Refugee Board (IRB).

Prepare for the detention review by gathering and organizing relevant information and documentation. This may include:

• Personal Statement: A detailed account of your situation, reasons for detention, and any evidence that supports your release.

• Supporting Documents: Any documents that can demonstrate your compliance with immigration laws, your ties to the community, or evidence that challenges the grounds for your detention.

• Legal Representation: Consider obtaining legal representation to assist you with the review process, present your case effectively, and advocate on your behalf.

During the hearing, you will have the opportunity to present your case and argue why you should be released from detention. The Immigration Division (ID) will consider factors such as:

• The necessity and appropriateness of detention.

• Your risk of flight or non-compliance with immigration requirements.

• Any changes in your circumstances since the initial detention.

• The impact of continued detention on your well-being and rights.

The Immigration Division (ID) will make a decision regarding your detention. They may order your release, continue your detention, or impose conditions for your release. You will be notified of the decision in writing.

If the decision is unfavorable, you are entitled to a second review within 7 days of the first review. This review provides another opportunity to challenge the reasons for your detention.

If your detention continues after the second review, detention reviews are generally conducted every 30 days. However, if your situation changes significantly, you may request a new review before the scheduled 30-day interval.