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Detention Review Hearings

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    Detention Review Hearings in Canada

    Foreign nationals may face inadmissibility to Canada for several reasons, even if they hold a valid visa or permanent resident status. One of the most common reasons is criminal inadmissibility, which arises when a person has a criminal conviction inside or outside Canada.
     
    In certain situations, Canadian immigration authorities may take further action by detaining a foreign national while they assess removal, admissibility, or another ongoing immigration process. Immigration detention review hearings remain an exceptional measure under Canadian law and are subject to strict legal oversight.

    What Is Immigration Detention?

    Immigration detention occurs when Canadian authorities hold a foreign national in custody for immigration enforcement purposes. Authorities may detain an individual if they believe the person:
     
    1) Poses a danger to the public.
    2) It is unlikely to appear in immigration proceedings or removal proceedings.
    3) Has not established its identity.
    4) Faces serious criminal or security concerns.
     
    Detention does not automatically mean removal. Instead, Canadian law requires regular reviews to ensure detention remains justified.

    What are Detention Review Hearings?

    A detention review hearing is a legal proceeding conducted by the Immigration Division of the Immigration and Refugee Board of Canada (IRB).
     
    The purpose of the hearing is to determine whether authorities should continue the individual’s detention or release the individual under specific conditions. The Immigration Division actively reviews detentions to ensure they remain necessary, reasonable, and lawful.

    Detention Review Hearings Timeline

    Once authorities detain a foreign national, the Immigration Division schedules detention review hearings at set intervals:
     
    1) First detention review: within 48 hours of detention.
    2) Second detention review: after 7 days, if detention continues.
    3) Subsequent reviews: every 30 days until release or removal.
     
    At each hearing, immigration authorities must justify continued detention. If they fail to do so, the Immigration Division may order the individual’s release.

    Grounds for Release or Continued Detention

    The Immigration Division generally orders release unless immigration authorities prove that detention remains necessary. Officers must show one or more of the following:
     
    1) The person poses a danger to the public.
    2) The person presents a flight risk.
    3) Authorities cannot confirm the person’s identity.
    4) Other serious grounds under immigration law apply.
     
    If authorities cannot meet this burden, the Immigration Division may order release with or without conditions.

    Your Rights During Detention Review Hearings

    Individuals subject to detention reviews have necessary legal rights. They may:
     
    1) Hire and be represented by legal counsel.
    2) Submit documentary evidence.
    3) Present testimony and witnesses.
    4) Make legal submissions to the Immigration Division.
     
    Intense preparation and legal advocacy often play a critical role in securing release from immigration detention.

    Role of a Bondsperson and Bail

    A bondsperson is someone who agrees to supervise the detained individual after release and, in many cases, post a financial bond. A reliable bondsperson can significantly strengthen a release request. The Immigration Division considers factors such as:
     
    1) The bondsperson’s credibility
    2) Financial ability to post bail
    3) Willingness to supervise and report concerns.
     
    Having a qualified bondsperson often improves the chances of release.

    Why Legal Representation Matters

    Detention review hearings move quickly and involve complex legal arguments. Immigration authorities actively argue for continued detention, and the burden often shifts rapidly during hearings. At Spike Immigration, we:
     
    1) Represent clients at detention review hearings.
    2) Prepare legal submissions and evidence.
    3) Identify firm release plans and bondspersons.
    4) Advocate for fair and timely release from detention.
     
    Professional representation can make a decisive difference in detention outcomes.

    Speak With a Detention Review Hearings Lawyer

    If immigration authorities have detained you or a family member, time is critical. Detention review hearings are quick, and early preparation increases the likelihood of release. Know more about Spike Immigration to receive guidance, representation, and strong advocacy at your detention review hearing.

    Frequently Asked Questions (FAQs)

    Detention review hearings determine whether Canadian authorities should continue or end immigration detention.
    The Immigration Division holds the first detention review within 48 hours of detention.
    Yes. You have the right to legal representation during all detention review hearings.
    Strong legal arguments, a low flight risk, public safety assurances, and a reliable bondsperson help support release.
    No. Canadian law requires regular reviews of detention, and authorities must justify the continued detention at each hearing.
    Yes. Permanent residents may also face immigration detention under certain circumstances.

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