The Immigration Division (ID) reviews, at intervals established in the Act, the grounds for detention of people detained under the Immigration and Refugee Protection Act.
1. Who can be detained?
- A foreign national or permanent resident.
- What are the grounds for detention?
- The CBSA may want to detain a person who:
- Is unlikely to appear for an examination, hearing or removal,
- Is a danger to the public or has violated human or international rights, or
- Has not established his/her identity.
- Is inadmissible for security reasons or violating human or international rights,
- Serious criminality, criminality or organized criminality.
2. Why does the ID review the grounds for detention?
The ID reviews the grounds for detention to ensure that the person is not detained without sufficient reasons, and that the situation which led to the detention still exists.
3. When does the ID review the grounds for detention?
When a person is detained by the CBSA, the ID carries out a review:
- Within 48 hours of the start of detention or without delay afterwards.
- Then within 7 days of that first review.
- After that, the ID reviews the grounds for detention at least every 30 days.
These timeframes do not apply to designated foreign nationals where a different detention scheme applies.
4. What happens then?
Based on the evidence and the testimony of both parties (CBSA and the person concerned), the ID may:
- Order the release of the person detained, with or without conditions, or
- Maintain the detention.
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