Foreign nationals such as temporary residents and permanent residents could possibly be detained in some cases by Immigration authorities, if the person’s identify is in question, if the individual may pose a danger to society or if they fail to appear if required by Immigration authorities. When an individual is apprehended by the Immigration authorities to appear at a detention review hearing before a judge, the reasons for their detention would be reviewed by the judge in question. At this time, evidence may be presented in defense of the individual detained along with offer(s) to post bail in order to secure their release. The Immigration Division of the Immigration and Refugee Board are responsible for conducting such hearings. A detention review hearing would take place 48 hours after an individual is first detained. If they are not to be released after this time, a hearing would then take place within 7 days followed by a detention review hearing every 30 days. A new decision would be made at each hearing as to whether or not to release the individual by the judge after all presented evidence is reviewed.

If you require further information regarding detention reviews, please contact us.

• Appeals to the Immigration and Refugee Board
  
• Judicial Review before the Federal Court
  
• Admissibility hearings
  
• Appeals and Hearings
  

Disclaimer: the information included on this website is intended to be of a general nature and does not constitute legal advice.