Detention Reviews

An “immigration hold” is a form of detention in Canada used by the Minister of Citizenship and Immigration to keep people in custody to ensure their attendance at future interviews and hearings, or to ensure their attendance at removal proceedings. Detention center officials should be able to advise you whether or not you are on an immigration hold, or if you are in detention for another purpose, such as awaiting trial or extradition to a foreign country. If you were arrested on criminal charges and have already posted bail but you remain in detention, you are probably on an immigration hold.

You may be detained by Citizenship and Immigration Canada (CIC) for a variety of reasons:

  • CIC officers may wish to interview you in connection with your arrival in Canada;
  • CIC officers may have learned that you are living in Canada without status. (For example, you entered Canada using a false name or your temporary status has expired);
  • CIC officers may have learned that you are in breach of the Immigration and Refugee Protection Act (i.e. if you are a permanent resident who has been convicted of a serious crime).

You can be released from your immigration hold in two ways:

  • an immigration official may decide that your detention is no longer warranted; or
  • your release may be ordered by a member of the Appeal Division of the Immigration and Refugee Board (IRB).

It is uncommon for CIC to reconsider your detention. The most common way for people to be released from detention is by an order from an IRB member.

By law, a review of the reasons for your detention must occur within 48 hours after you are taken into custody. In reality, due to scheduling problems at the Immigration Division, the initial review may not be held until three or four days after you have been taken into custody. This hearing is known as a “detention review”.

If you are not released from custody after your “48-hour” detention review, then the reasons for your detention will be reviewed again seven days after your first hearing. If, after your “seven-day” detention review, an IRB member still believes that you should remain in custody, the next detention review will be held 30 days after the “seven-day” hearing. After this, your detention reviews will be held at 30-day intervals for the duration of your time in the custody of CIC.

The date, time, and place of your next detention review (for every hearing except your 48-hour review) will be set by the IRB member who was present at the previous review. The IRB member will give you an Appearance Notice at the conclusion of every detention review, regardless of whether you have been ordered released.

If you breach any condition of your release, you risk being taken back into custody, and having whatever bonds that were posted on your behalf seized by the Government of Canada.

Immigration Holding Centre Rexdale. 385 Rexdale Blvd, Toronto, Ontario, M9W 1R9 Tel: (416) 401-8505
Fax: (416) 401-8506
Metropolitan Toronto West Detention Centre 111 Dixon Road, PO Box 4950, Rexdale ON
M9W 5L6
Tel: (416) 675-1806
Fax: (416) 675-9942
Maplehurst Correctional Complex 661 Martin Street, PO Box 10, Milton ON, L9T 2Y3 Tel: (905) 878-8141
Fax: (905) 876-7300
Vanier Centre for Women 205 McLaughlin Road South, PO Box 1150
Brampton ON, L6V 2M5
Tel: (905) 459-9100
Fax: (905) 452-8522
Central East Detention Centre (Lindsay). 50 Victoria Avenue North
Lindsay ON, K9V 4G3
Tel: (705) 324-3792
Fax: (705) 328-1656
Central North Correctional Centre (Penetanguishene) 1501 Fuller Avenue,
Penetanguishene ON
L9M 2G2
Tel: (705) 549-9470
Fax: (705) 549-0634
Toronto Jail – Don Jail 550 Gerrard Street East
Toronto ON, M4M 1X6
Tel: (416) 325-8600
Fax: (416) 325-8616
Metropolitan Toronto East Detention Centre 55 Civic Road
Scarborough ON, M1L 2K9
Tel: (416) 750-3513
Fax: (416) 750-3345
Niagara Detention Centre –Thorhold. Highway 58, 1355 Uppers Lane, PO Box 1050
Thorold ON, L2V 4A6
Tel: (905) 227-6321
Fax: (905) 227-0032
Hamilton-Wentworth Detention Centre 165 Barton Street East
Hamilton ON, L8L 2W6
Tel: (905) 523-8800
Fax: (905) 529-0977

 

Please contact Canadian immigration lawyer at Mamann, Sandaluk & Kingwell LLP if you are in need of legal representation for a detention review. Every detention review is unique to the individual, and legal representation is recommended for the best outcome possible to the situation. Call us today at 1-844-700-0021

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