Foreign nationals and non-citizens of Canada can be detained by the Canadian government under the Immigration and Refugee Protection Act. The detention can be done due to some reasons such as if the non-citizen is found inadmissible to Canada or if the government feels that he/she may not appear for the scheduled hearings and removal orders.
What Are the Grounds for Detaining A Non-Citizen?
A permanent resident or foreign national can be detained by the Canadian Border Services Agency (CBSA) if they possess reasonable grounds to believe, that the person is:
- Considered dangerous for the Canadian public and deemed to be inadmissible to Canada;
- Not likely to appear for a scheduled removal order or hearing;
- Has failed to establish their identity
There are other grounds for detention as well. Detention can happen if a foreign national is considered to be inadmissible to Canada by criminal, security reasons or is found to have violated international or human rights.
What Happens Once A Person Is Detained?
On detention, the Canadian Border Services Agency (CBSA) notifies the Immigration and Refugee Board (IRB). You may be retained in an immigration holding centre or a provincial correctional facility in the province. Once you get detained, you will need to identify a proficient and experienced Immigration and Human Rights Lawyer or a Regulated Canadian Immigration Consultant(RCIC) to represent you. Within 48 hours of the detention, your Detention Review takes place where the reasons for your detention are clarified by a member of the Immigration Division.
The Immigration Division (ID) also reviews and analyzes if there are reliable and valid reasons for your detention to be continued. Minister’s counsel also presents their arguments on your case. Your Immigration Lawyer will need to respond to all the charges with sufficient and robust evidence to secure your release.
If the grounds of detention are established, the other associated factors of detention timelines, duration and alternatives will need to be reviewed.
The second detention review takes place in the next seven days after the 48-hour review is over. The detention reasons are also subsequently reviewed in every 30 days by the Immigration Division.
Finally, your release may be ordered by the Immigration Division based on the supporting evidence presented by your Immigration Lawyer. This release may be ordered with or without any clauses attached.
What Are the Options Available If You Get Detained?
In such circumstances, you would need to connect with experienced and skilled Canadian immigration and refugee lawyers who can successfully appear on your behalf and seek to have you released in your Detention Review hearing. They can also interact with the Canada Border Service Agency (CBSA) to discuss and negotiate a settlement which may include a deposit payment or compliance guarantee posting having release clauses.
We can Help
The well-informed immigration lawyers and Regulated Canadian Immigration Consultants(RCICs) at Nanda & Associate Lawyers will assist you in all matters regarding Detention Reviews. If you get detained, connect with us to discuss the options available to you. We will impart sound legal advice to help you on the path to a better and safer future for you.
Our Mississauga Immigration Lawyers are available for a no-obligation free consultation. Come and experience our quality legal counsel and personalized care we give to each client. We ensure prompt communication and a professional approach to achieve successful outcomes for you.
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