Detention Review
Detention reviews are conducted to ensure that individuals detained by Canadian immigration authorities are treated fairly and in accordance with Canadian law. This section provides information on when and how detention reviews are conducted, your rights during the process, and what to expect if you or someone you know is detained.
Purpose of Detention Reviews
Detention reviews are conducted to assess the necessity and legality of detaining individuals under the Immigration and Refugee Protection Act (IRPA). The reviews aim to:
- Protect Rights: Ensure that detained individuals' rights are respected, including the right to liberty and fair treatment.
- Assess Detention Need: Determine if there are grounds to continue detaining the individual based on risk to public safety, flight risk, or other reasons specified in the IRPA.
- Provide Oversight: Conduct regular reviews to oversee and monitor the detention process.
Who Conducts Detention Reviews?
Detention reviews are conducted by the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB). The ID is an independent administrative tribunal responsible for making decisions on immigration and refugee matters, including detention reviews.
When is a Detention Review Conducted?
Detention reviews are typically conducted under the following circumstances:
- Initial Review Within 48 hours of detention, excluding weekends and holidays, an initial detention review must be conducted.
- Subsequent Reviews: Additional reviews are conducted at regular intervals to reassess the necessity of continued detention. The frequency of subsequent reviews varies depending on the circumstances and may occur every 7 days, 30 days, or longer intervals.
Rights of Detained Individuals
During a detention review, detained individuals have the following rights:
- Right to Legal Representation: You have the right to be represented by legal counsel at your own expense. If you cannot afford a lawyer, you may be eligible for legal aid.
- Right to Interpretation: You have the right to interpretation services if you do not understand or speak English or French.
- Right to Disclosure: You have the right to receive information about why you are being detained and the reasons for continued detention.
- Right to Present Evidence: You have the right to present evidence and make submissions at the detention review hearing
