Detention Review

What Is a Detention Review?  

When Canada Border Services Agency (CBSA) detains a foreign national or permanent resident due to concerns about identity, flight risk, or danger to the public, the Immigration and Refugee Board (IRB) must conduct a detention review within strict timelines:  

  • First review within 48 hours of detention.
  • Subsequent reviews every 7 days for the first month, then every 30 days if detention continues.

At these hearings, the IRB member decides whether detention should continue or if the person should be released with conditions.

How We Can Help  

As a licensed immigration consultant, I provide legal representation for individuals facing detention by CBSA. My services include:  
✅ Case Assessment – Reviewing reasons for detention and possible arguments for release.
✅ Bond Preparation – Assisting in securing a performance bond or alternative solutions.  
✅ Hearing Representation – Presenting evidence, witness testimony, and legal arguments for release.
✅ Conditions Negotiation – If released, ensuring reasonable conditions (e.g., reporting requirements, sureties).  

Why Early Intervention Matters  

The longer someone remains in detention, the harder it becomes to secure release. A strong legal strategy from the first detention review can significantly improve the chances of a successful outcome.  

Pricing Structure  

Detention review cases are time-sensitive and require prompt action. Fees may vary depending on case complexity, but a general structure could be:  

  • Initial Consultation (Detention Assessment): $200–$400
  • Representation at Detention Hearing: $1,500–$3,500+ (depending on case details)
  • Surety/Bond Assistance: $500–$1,500 (if applicable)

Note: Fees may vary based on travel requirements (if detained outside major cities) and additional legal needs.  

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Need Urgent Help?
If you or a loved one is detained by CBSA, time is critical. Contact us immediately to discuss legal options and representation at the next detention review hearing.
📞 Phone: (514) 607-5999
✉ Email: Through the Contact form here

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Hypothetical Case Example: Successful Detention Release  

Background:  
Mr. X, a 35-year-old temporary foreign worker from Nigeria, was detained by CBSA at the Toronto Immigration Holding Centre after his work permit expired. CBSA claimed he was a flight risk because he had no fixed address and had previously missed a removal interview.  

Challenges:

  • No Canadian family or community ties.
  • No surety initially available.
  • Previous failure to comply with immigration requirements.  

Our Actions:

1. Immediate Assessment: We reviewed his file and found he had a valid job offer but lacked legal advice on extending his status.
2. Surety Arrangement: Connected him with a former employer (a Canadian citizen) willing to act as a surety and pledge a $5,000 bond.  
3. Release Plan: Proposed strict conditions, including:
   – Weekly CBSA reporting.
   – Residing with the surety.
   – Submitting a new work permit application.  

Outcome:  
At the second detention review, the IRB ordered Mr. X’s release, accepting the surety and bond. He later obtained a new work permit and regularized his status.  

Note: “The case example above is hypothetical (based on common detention scenarios). Results vary based on individual circumstances. For official guidelines, refer to the IRB or CBSA.”

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Official IRB & CBSA Resources
  
To ensure accuracy and transparency, link to these government sources:

1. IRB Detention Reviews Overview  
– IRB’s Guide to Detention Reviews
– Explains procedures, timelines, and roles.
2. CBSA Detention Policies  
– CBSA National Directive on Detention  
– Outlines CBSA’s criteria for detaining individuals.
3. IRB Forms for Detention Hearings  
– IRB Forms (Including Detention Appeals) 
– Useful for clients preparing documentation.
4. Rights of Detained Persons
  – Canadian Council for Refugees – Detention Rights
  – Non-governmental resource on detainee rights.

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Frequently Asked Questions (FAQ) – IRB Detention Reviews  

1. What happens at a detention review hearing?

The Immigration and Refugee Board (IRB) reviews whether the Canada Border Services Agency (CBSA) was justified in detaining someone. The member considers:  
– Flight risk (will the person appear for immigration proceedings?)
– Danger to the public (does the person pose a safety risk?)  
– Identity concerns (is the person’s identity confirmed?)  
You (or your legal representative) can present arguments and evidence for release, such as a bond, surety, or alternative arrangements

2. Can I be released from immigration detention?

Yes, if the IRB is satisfied that:  
– You will comply with immigration processes (e.g., attend hearings).  
– You do not pose a danger to the public.  
– Your identity can be confirmed (if previously in question).

3. What is a surety, and how does it help?

A surety is a person (often a Canadian citizen/permanent resident) who agrees to supervise you if released. They may need to:
– Pledge a financial bond (which can be forfeited if conditions are breached).
– Ensure you follow IRB/CBSA requirements. 
A strong surety can significantly improve chances of release.

4. What if the IRB orders continued detention?

You have the right to another review (after 7 days, then 30 days). Each hearing is a new opportunity to present updated evidence (e.g., new sureties, changed circumstances).  

5. Can I apply for a bond instead of staying detained?

Yes. A performance bond (a pledged amount returned if conditions are met) can sometimes secure release. The amount varies based on factors like ties to Canada and risk assessment.  

6. How quickly can you assist with a detention review?

Detention reviews move very fast (first hearing within 48 hours). If you contact us as soon as someone is detained, we can act immediately to prepare the case.  

7. Do you handle detention reviews outside major cities?

Yes, but travel costs may apply if the hearing is in a remote CBSA holding facility (e.g., Laval, Toronto Immigration Holding Centre, or provincial jails).  

8. Can you help if my loved one doesn’t speak English/French?

Absolutely. We work with interpreters and ensure all evidence and arguments are clearly presented in the required language. 

Note: Case results vary; this FAQ provides general information only.