Detention is a serious matter.

Although you can represent yourself in your hearing, you may want to hire a professional to help you to ensure your best defense, present strong arguments and work towards a possible immediate release.

If the Canadian Border Services Agency (CBSA) believes that you are a risk to the public, that you will not show up for your admissibility hearing or deportation, or that you have not established your identity, they can put you in immigration detention.

The Process

• The CBSA tells the Immigration Division of the IRB when a person has been detained.

• A detained person has the right to a detention review hearing within 48 hours or as soon as possible afterward. The CBSA itself may release the person before this hearing takes place. If the CBSA does not release the person, the Immigration Division of the IRB will hold a detention review hearing.

• The Immigration Division sends the person a notice telling them when and where their detention review will be held.

• The detained person should also receive copies of any documents that the CBSA wants to use as evidence at the hearing.

• The hearing may take place by videoconference, on the telephone, or in person.

If the detained person is ordered to stay in detention after the 48 hour hearing, they will have another detention review within 7 days. At the 7-day review, if the Immigration Division member orders that the person must remain in detention again, there will be another review in 30 days, and every 30 days after that until the person is released or removed from Canada.

At each detention review, the detained person can present new facts to support a request for release. If the detained person's situation changes between detention reviews, they may ask the Immigration Division for an early hearing.