Have you or someone you know been asked to appear before the Immigration Refugee Board for a detention review hearing? You have the right to an independent hearing to review as to why you are being detained.
What is Detention?
The Canada Border Services Agency (CBSA) can detain you based on whether you have the right to enter or stay in Canada and they can also remove you from the country. It is likely that a person who is detained may be held in an immigration detention centre or a similar correctional facility. Some of the common reasons for detention are:
- The immigration officer has cause to believe the person will not appear for immigration proceedings
- The immigration officer has cause and/or proof the person poses a risk to the public because of criminal and/or violent behavior or that the person poses a security risk
- The immigration officer has cause to doubt the person’s identity
What happens when you are Detained?
The Canada Border Services Agency (CBSA) must inform the Immigration Review Board (IRB) about your detention. The IRB will then hold a detention review hearing within 48 hours of your detention or as soon as possible. The IRB will make decision at the end of the hearing whether to release you or continue to hold you in detention.
Who can help you?
Detention is a considered a very serious matter and not to be taken lightly. It is strongly recommended that you hire a professional (a lawyer or a registered immigration consultant) to get you through the process. Since detention hearings happen quickly, time is of essence, so don’t wait to hire a counsel, do so as soon as possible. Mr. Akhtar has successfully handled over 500 detention cases and has obtained releases for his clients in as little as 15 days.
What happens at a Hearing?
A member of the IRB will be in charge of the hearing and will explain what is going to happen. You can request for an interpreter for the hearing.
- The CBSA will explain the reasons for your detention and provide any valid facts
- You or your counsel can then respond and even ask questions
- If either party has witnesses all present may question the witnesses
- After the hearing the IRB member will make the decision on whether or not you can be released
Release from Detention
In some cases when you are released from detention you may have conditions imposed on you by the IRB. You may also be required to place a deposit or provide a written agreement guaranteeing a specified amount of money. Your counsel or third party can sign the deposit or guarantee.