A detention review is a review of an immigration detention. The detainee has the right to an independent hearing to review why he or she is being detained and whether or not there are alternatives to detention.
A Member of the Immigration Division will hold a detention review hearing within 48 hours of your detention or as soon as possible afterward. At the end of your hearing, the Member will decide whether you will be released or stay in detention.
An alternative to detention is terms that the Member can impose as conditions to your release from immigration detention. For example, you might be required to reside at a specific address and/or report to Canada Border Services Agency (“CBSA”) at specified times.
The Member may also decide to require a bond in addition to the conditions of release. There are two types of bonds: cash bonds and performance bonds.
The guarantor who provides the bond can be a family member or a friend or another suitable person. At the detention review hearing, the CBSA representative and the Member may ask the proposed guarantor for information that will help the Member decide if the guarantor is suitable.
After hearing from both the CBSA representative and the detainee or Counsel, the Member will decide whether the detainee will be released or stay in detention.
In the event the Member orders a release on certain conditions, the released person must obey the conditions of the release. These conditions continue to apply until the person is either removed from Canada or until the conditions have been changed or cancelled.
In the event you are not released, you are entitled to periodic detention review hearings.
We provide detainees with vigorous and compassionate representation. We understand that detention is extremely stressful. We help you challenge the reasons for the detention and we help you put forward a strong proposal for an alternative to detention.
Regulated Canadian Immigration Consultant Mary Zhang has years of experience and can help. Contact her at Maxcan’s office in Markham.