Understanding Detention Review Hearings Immigration detention is an exceptional measure in Canada. The Immigration Division of the Immigration and Refugee Board (IRB) conducts regular hearings, referred to as detention reviews, to decide if a person in custody ought to be released.
Hearing Schedule & Timeline After someone is placed in custody, the review procedure adheres to a rigid legal timeline:
- First Review: Held within 48 hours of detention.
- Second Review: If the person is not released, a second hearing is held within 7 days.
- Subsequent Reviews: Follow-up hearings occur every 30 days thereafter.
Grounds for Continued Detention Legally speaking, the Immigration Division must release people unless immigration authorities can prove certain reasons for their ongoing custody, like:
- The person is considered a danger to the public.
- The person is deemed a flight risk (unlikely to appear for immigration proceedings).
- The person's identity has not been clearly established.
Rights and Legal Representation Persons subject to a detention review have the right to:
- Be represented by legal counsel.
- Submit evidence and lead testimony.
- Make formal submissions on their behalf.
The Bondsperson's Role Successfully obtaining a release from immigration detention frequently depends on having a bondsperson who is prepared to post bail on the detained person's behalf. Read More at: Detention Review Hearings
Contact Information:
- Phone: 604-592-1112
- Email: [email protected]
- Address: 8253 120 St, Unit #200, Delta, BC V4C 6R1
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