Immigration Detention Review Lawyer Brampton
If you or a family member has been detained by the Canada Border Services Agency (CBSA) in connection with a Removal Order or an immigration concern, a detention review hearing will be held within 48 hours to decide whether continued detention is justified. The Immigration Division, part of the Immigration and Refugee Board (IRB), conducts this review to assess whether the conditions that led to detention still exist. At Batra Law Offices, our Brampton team represents detained individuals at these hearings, working to secure release under the best possible conditions.
What Is a Detention Review?
The Immigration Division conducts a review to assess the necessity of detention for non-citizens detained by CBSA, evaluating whether the conditions that led to detention still exist and whether continued detention remains justified.
CBSA Interviews at Entry
CBSA interviews individuals entering Canada to review their documents and belongings, determining admissibility and ensuring compliance with immigration law — this process can, in some cases, lead directly to detention.
Grounds for Detention by CBSA
CBSA may detain someone for reasons including misrepresentation, non-compliance with the Immigration and Refugee Protection Act (IRPA), serious criminality, organized criminality, security threats, or human or international rights violations. Detention is frequently connected to a Removal Order or an Admissibility Hearing.
What Happens if You Are Detained?
- CBSA reports the detention to the IRB and must justify the reasons for it.
- The individual may be placed in a detention facility.
- Legal representation is crucial for understanding your rights and presenting a strong case.
- A detention review hearing is held within 48 hours, where the reasons for detention are evaluated.
- CBSA provides an explanation and evidence, and the individual presents their position.
Process for Detention Reviews
- CBSA presents its case within 48 hours of detention.
- A detention review hearing is held before a decision-maker.
- A decision is made for release or continued detention based on the evidence presented.
- Conditions may be imposed if release is granted.
- Subsequent reviews are scheduled if detention continues — every 7 days after the initial review, then every 30 days.
Alternatives to Detention
- Release under specified conditions may be available instead of continued detention.
- Conditions are tailored to the reasons for detention.
- Examples include living with a specified person, reporting regularly to authorities, or avoiding alcohol or drugs.
Bonds and Their Impact
- Bonds may be added as a condition of release.
- A bondsperson guarantees the individual’s compliance with the release conditions.
- The bond provides an incentive for compliance and helps address public safety concerns.
- Seek advice from immigration counsel for accurate guidance on how bonds apply to your case.
Why Choose Batra Law Offices for Your Detention Review
With only 48 hours before your first detention review hearing, having experienced legal representation matters immediately. Our Brampton team brings expertise in immigration law, builds a strategy tailored to your case, and advocates for release under the most favourable conditions. Where a detention connects to a broader Removal Order Appeal or a Stay/Deferral of Removal Orders, we help coordinate your case as one strategy.
FAQs
The detention review shall involve: The right to legal representation, Clear reasons for detention provided by CBSA, Interpreter services available if needed, Bondsperson’s testimony considered, Minister initially bears burden of proof, Alternatives to detention explored, Option for Federal Court review if disagree with decision. Usually, anyone held under immigration laws can. A lawyer can check if you’re eligible. People have rights to know why they’re detained, to show evidence, and to have a lawyer. A lawyer makes sure these rights are respected and argues for release. Yes, they have the right to. Getting a lawyer can really help make a difference. They think about things like if someone might run away or if they’re a danger to others. A lawyer looks at all the facts and argues for release. Yes, they look at things like checking in regularly instead. A lawyer can help push for these options. If it’s good news, plans are made to let the person go. If it’s not, a lawyer helps figure out what to do next, like making an appeal. Initial review is conducted within 48 hours of detention, subsequent reviews – Every 7 days after the initial review, then every 30 days. How does a review of immigration detention work?
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Note: “The information herein is provided for informational purposes only and should not be construed as legal advice. Read our complete Legal Disclaimer on Website”