​Detention Review

If a permanent resident or foreign national is detained by the Canada Border Services Agency (CBSA), they are entitled to a Detention Review hearing before the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB).

When Detention Reviews Occur

• The first Detention Review must occur within 48 hours of the person being detained.
• If detention continues, the next review must occur within the following 7 days.
• After that, Detention Reviews must take place every 30 days for as long as the person remains detained.
• An early review may be requested if new information becomes available.

Purpose of a Detention Review

At each review, an IRB Member examines whether continued detention is still justified under the Immigration and Refugee Protection Act (IRPA).

Factors Considered

• The reasons for detention, such as danger to the public, flight risk, identity issues, or admissibility concerns.
• The length of time the individual has been detained.
• Whether less restrictive alternatives to detention are available.
• Any special considerations, including the best interests of children.

The Hearing Process

• CBSA presents the reasons for continued detention.
• The detained individual or their legal counsel may challenge evidence and present arguments for release.
• The IRB Member decides whether to continue detention or order release (with or without conditions).

Detention Reviews ensure that immigration detention in Canada remains justified, limited, and subject to ongoing oversight.