Individuals who have been detained by the Canada Border Services Agency (CBSA) for immigration reasons have the right to a detention review hearing before the Immigration Division of the Immigration and Refugee Board of Canada (IRB). The purpose of the detention review is to determine whether the detained person should be released or remain in detention.
Here is an overview of the detention review process:
Scheduling of Hearings: All IRB hearings are scheduled as virtual hearings, but a detained person can request an in-person hearing. The request can be made in writing or orally.
Decision-Making: A member of the Immigration Division of the IRB will hear the case and decide whether the individual will be released or remain in detention. The member will usually provide the decision and reasons at the end of the hearing. If the issues are very complicated, the member may need more time to review all the evidence and prepare their decision.
Subsequent Reviews: If the individual is ordered to stay in detention, they will have another detention review within 7 days. If the Immigration Division member orders the person to remain in detention again, there will be another review in 30 days, and every 30 days after that until the individual is released or removed from Canada. At each detention review, new facts can be presented to support a request for release.
Request for Early Hearing: If the individual’s situation changes between detention reviews, they may ask the Immigration Division for an early hearing.
Representation: If someone is representing the detained person, they should make the request for an in-person hearing in writing. The detained person may also make the request themselves—either in writing or orally.
It’s important for detained individuals to understand the process and their rights, and to consider seeking legal representation to navigate the detention review process effectively.