The Canadian Border Services Agency, known as CBSA for short, has a complex job trying to keep unsavory characters out of the country. Sometimes, foreign national or permanent residents also run afoul of the CBSA and must be detained. This usually happens if someone has failed to appear for an examination or disobeyed a removal order, is not allowed to stay in Canada for security reasons or is deemed to be a danger to the public. When this happens, the person in question must have a detention review in front of the Immigration Division of the Immigration and Refugee Board of Canada. A detention review will determine if the detention is justified or not. Then officials can determine if a removal order goes through or if an immigration appeal is necessary or even possible.

After someone is detained for immigration reasons, they are placed in a minimum security holding center. Within two days of the person being detained, a detention review must be held to decide if the detention should continue. If a removal order had been issued previously, the person in question may end up being escorted out of the country. During the detention review, the person who was detained and a Minister’s counsel for the CBSA oppose one another to argue their cases. All detention reviews are public proceedings, so any media or members of the public can attend if they like. This helps to ensure fairness and accountability on the part of the government. Any he said, she said kind of scenarios couldn’t take place if all the information and dialogue is right there for all to see.

The member who makes the ultimate decision will listen to arguments from the Minister’s counsel, detailing why he or she believes the person should remain in detention. After that argument is heard, the detainee or their representative will respond and offer arguments as to why the detention is not justified. If the detention review reveals that there is sufficient reason to detain the person, another hearing is ordered to take place within seven days. Subsequent hearings are held once every 30 days for the remainder of the detention. The detainee may request a new detention review at an earlier time than scheduled, but they have to show new facts as to why the detention is unjust.

If the original detention review determines that there is no just reason to continue the detention, the member can order the person released. Conditions such as posting a cash bond or deposit or an order to report regularly to an immigration office may be imposed upon the release. The detention review process is designed to be fair to both the person being detained and the people of Canada.

When a provincial nominee program is disobeyed or a person who shows violent or criminal tendencies is in the country, it is taken very seriously. Once someone is detained, the detention review process is there to thoroughly assess and evaluate whether they should be allowed back into society or if society needs protection from them.

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