DETENTION REVIEW

The Immigration and Refugee Board of Canada (IRB) is an independent administrative tribunal that makes legally binding decisions-it is like a court, but less formal manner.

The IRB hears your case and decides whether you should be released or stay in detention.

The Canada Border Services Agency (CBSA) is responsible for detaining people who do not have the right to enter or stay in Canada, as well as for removing these people from the country.

Reasons for detention
  • You are a danger to the public;
  • You are unlikely to show up when asked to do so, for example at a hearing or for your removal from Canada;
  • Your identity has not been established but can be; or
  • The CBSA thinks that you might be inadmissible to Canada for security reasons or because of a violation of human or international rights, serious criminality, criminality or organized criminality.
What happens at a detention review hearing?

The Immigration Division (ID) member is in charge of the hearing. The member will start by introducing everyone and explaining what is going to happen. If you do not understand French or English, an interpreter will be at the hearing to translate for you.

If there is an interpreter at your hearing, the member will check that you understand each other.

The CBSA representative will explain why you are being detained and present the facts in support of their position. More than one reason for detention can be given.

You or your counsel will be given an opportunity to respond, to explain your opinion and to ask questions.

If there are witnesses at the hearing to provide information, the CBSA representative, you, your counsel or the member may ask them questions.

After hearing from both the CBSA representative and you or your counsel, the member will decide whether you will be released or stay in detention.

Please contact us for further information.