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What is Detention Review?
In certain circumstances, the Canada Border Services Agency (CBSA) is given the legal authority to detain a permanent resident or a foreign national.
For example, suppose the immigration officer is not satisfied with the identity of the person concerned. In that case, they may detain a person in an immigration facility designed mainly for this purpose.
These facilities are commonly referred to as “detention centers,” which are essentially minimum-security immigration holding centers.
A foreign national (Immigrant) or a permanent resident who the CBSA has detained for immigration reasons has the right to an independent hearing before a member of the Immigration Division responsible for reviewing the reasons for detention.
The detainee is then given the right to appear before a member of the Immigration Division (a decision-maker) responsible for reviewing the detention’s legality within 48 hours from the initial decision to detain. This is called a “detention review” hearing, similar to bail hearings in criminal matters.
Hearing, Appeals & Detention Reviews - Process Explained!
The detained person can retain and instruct a lawyer to represent him at the detention review hearing.
Suppose the detention is legal, and the person wants to be released. In that case, They are required to bring a trusted person to the hearing (Most-commonly a family member or close relative) who is willing to act as a “bond person” by posting a bond, the amount of which varies depending on the circumstances.
Generally speaking, the detainee must also show that:
He/she is capable and trustworthy enough to abide by all conditions of release
She/he will report as directed by the relevant authorities
She/he is not a flight risk.
If the ID member decides your detention must continue, you will be given another detention review hearing in 7 days and subsequently every 30 days. If you believe the decision not to release you is wrong or unfair, you have the right to appeal against that decision in the Federal Court and have it reviewed by the court.
Detention Review Process:
What are The Reasons for Detention?
Canadian Immigration authorities may detain foreign nationals for various reasons, including:
To complete an examination of their identity
Suspicion of inadmissibility (criminal convictions, security concerns, or violations of human or international rights)
Danger to the public (Convicted of violent crimes or who have been involved in organized crime)
Unlikely to appear for an immigration proceeding, have a history of failing/avoiding to appear for court dates, or have made threats to avoid deportation.
Irregular arrivals are more likely to be detained than other foreign nationals.
Why is Immigration Detention Harmful?
Immigration detention is harmful for multiple reasons, including:
Detaining immigrants takes away their freedom, which can harm their mental and physical well-being.
Being held in immigration detention can cause a lot of uncertainty for individuals as they are often unaware of the duration of their detention or the outcome of their situation.
Immigration detention can be isolating, as people are often detained away from their families, friends, and communities.
Immigration detention facilities are often overcrowded and understaffed, creating a risk of violence.
Immigration detention facilities often lack access to adequate healthcare. This can lead to health problems going untreated.
Frequently Asked Questions (FAQs):
When are Immigrants in Canada Detained?
Immigrants in Canada can be detained for a variety of reasons, including:
They are considered a flight risk
They are considered a bad element/danger to the public
They are awaiting removal from Canada and have no other suitable place to stay.
They have been caught committing a severe crime in Canada.
What are the conditions of immigrant detention in Canada?
The conditions of immigrant detention in Canada vary depending on the facility where the individual is held. However, conditions are generally restrictive and challenging for those detained.
Immigration holding centers (IHCs)
Provincial correctional facilities
Immigration detention centres (IDCs)
What is the cost of immigrant detention in Canada?
The cost of immigrant detention in Canada varies depending on the facility where the individual is held, the length of time they are detained, and the services they receive. However, in general, the cost of detention is significant.
According to the Canadian government, the average cost of detaining an immigrant in Canada is $120 per day. This cost includes the cost of housing, food, medical care, and security. The cost of detention can be much higher for those who require specialized care, such as mental health or medical care.