By Joel Sandaluk / Partner, Immigration Lawyer
When the Canada Border Services Agency [CBSA] arrests someone and keeps them in a detention facility, it is imperative that you move quickly in order to take steps to secure their release. The lawyers at Mamann, Sandaluk & Kingwell can help by representing you at detention review hearings before the Immigration Division of the Immigration and Refugee Board in order to secure your release from custody.
An immigration hold is used by CBSA to keep people in custody in order to ensure their attendance at future interviews and hearings or to ensure for their removal from Canada.
People may be detained for many reasons including:
- Government officials may wish to interview them in connection with their arrival in Canada;
- The CBSA may have become aware that they were living in Canada without status for example, the status that they were issued upon their admission has expired.
- Officers may become aware of the fact that they were inadmissible to Canada under the terms of the Immigration and Refugee Protection Act for example, as a result of a criminal conviction
A person may be released from immigration custody either by an order made by a CBSA officer or by order of the Immigration Division.
By statute, Detention Reviews are conducted 48 hours after a person’s arrest, followed by a review 7 days after that. The 7 day detention review hearing is followed by another detention review after 30 days, and every 30 days thereafter until the person is either released from custody or removed from Canada.
Frequently asked questions
How can I find out when my detention review will be held?
When you are arrested by immigration, a notice of your arrest and detention
should be forwarded to the immigration division at the immigration and refugee board without delay. You can call the registry of the Immigration Division for your region of Canada in order to determine when the next detention review hearing is scheduled.
Where will my detention review hearing be held?
A detention review hearing may either be conducted within the institution where you are being detained by a board member and CBSA officer visiting your place of detention. Alternatively, detention reviews may be conducted by teleconference or by video conference with officials at the offices of Immigration and Refugee board. You must contact the board in advance in order to determine the details of where the detention will be conducted.
How can I help my friend who has been detained?
If you wish, you may offer to post a bond in order to secure your friend’s release from custody. A bond under the Immigration and Refugee Protection Act is similar to bail in a criminal court proceeding. In order to post bail it must be established that you are a person who is eligible to post a bond and also that you are a suitable bonds person. You may be examined by the refugee board or by the immigration officer in order to establish your suitability.
What can I do if I am not released from custody?
If you are not released from custody, there will be a further detention review hearing scheduled as the Act requires. After several unsuccessful attempts at detention review hearings, it is important to gather new evidence or secure new bonds people in order to better argue that your ongoing detention isn’t necessary to ensure your attendance at subsequent immigration proceedings, including your removal.
How can Mamann, Sandaluk & Kingwell help me with my immigration detention?
Lawyers at Mamann, Sandaluk & Kingwell have appeared in hundreds of detention review hearings and have an excellent understanding of the law as it relates to immigration arrest and detention. There is no law firm in Canada with more experience or a better track record representing clients who are in immigration custody than us.
If you or someone you know is in immigration custody, call us without delay in order to begin working on securing your release.
If you are calling from a detention centre, please use our toll free number 1-855-785-5551 as we understand that it is sometimes difficult to make collect calls.
If you have been arrested outside of business hours and need to contact a lawyer urgently, please contact our emergency line (1-888-484-8137). We will be happy to help you and are available outside of regular business hours in the event of immigration emergencies.