If you do not have valid travelling documents or you are looking for refugee status in Canada at the port of entry, you can be detained by the Canada Border Services Agency (CBSA). The first detention review and hearing will be held by the Immigration and Refugee Board (IRB) within “48 hours” actually two business days only. So you should be well prepared before you enter as otherwise you will not be able to put your case firmly and you might have to spend more time in detention.
Anyone who is suspected of being in violation of Canada’s immigration laws or if he cannot prove his identity at the port of entry or has no valid travel documents, can be put on “Immigration holds” so as to ensure their attendance at an immigration hearing or to ensure their custody for their removal from Canada if they fail to convince the authorities why they should not be removed from Canada.
When arrested by immigration, a notice of your arrest and detention is forwarded to the immigration division (IM) at the immigration and refugee board (IRB) without delay. You can chose your region in Canada for hearing.
There is quite a possibility that someone who has been detained, can be released at the discretion of CBSA officer or by an order of the Immigration Division (ID) only if a firm case is prepared and presented well before the authorities. If the person has not been released or removed then he is in detention. Detention reviews, as per law, must be conducted within two business days following an arrest. Another detention review is held in 7 days, if still not released at the 7-day review, they will have another review every 30 days until released or removed from Canada.
These hearings are normally held privately at detention centres or by Video-conference and these proceeding can also be video-recorded. These are different from other hearings as these are governed by Canadian Immigration laws as well as other International laws and treaties to which Canada is also a signatory.
It might take several unsuccessful attempts at detention review hearings so it is important to gather every new possible evidence and to find eligible and suitable new bonds so as to convince the authorities that your ongoing detention is not really necessary to ensure your attendance at all subsequent immigration proceedings as well as for your removal.
If your friend or relative is detained, you can sign a bond to secure his release from custody. A bond under the Immigration and Refugee Protection Act is similar to bail in a criminal court proceeding. Refugee board or the immigration officer is likely to establish your eligibility as well as suitability as a bond person.
We are eligible to handle all detention hearing at Immigration and Refugee Board in Canada.