Immigration detention is a legal measure that may be used under Canada’s Immigration and Refugee Protection Act (IRPA) in specific circumstances. It is not a criminal sentence. Instead, it is an administrative process used by the Canada Border Services Agency (CBSA) when there are lawful grounds to detain a foreign national or permanent resident while immigration matters are being addressed.
Below are answers to some of the most common questions about immigration detention in Canada.
What is immigration detention?
Immigration detention occurs when the CBSA detains an individual under the Immigration and Refugee Protection Act. Depending on the circumstances, a person may be held in an Immigration Holding Centre or, where an Immigration Holding Centre is not available or suitable, in a provincial correctional facility.
The purpose of immigration detention is to address specific immigration enforcement concerns. It is separate from Canada’s criminal justice system, although an individual may also be involved in unrelated criminal proceedings.
Why can someone be detained?
The CBSA may detain a foreign national or permanent resident if there are legal grounds to do so under the Immigration and Refugee Protection Act. These grounds include situations where:
- The officer has reasonable grounds to believe the individual is unlikely to appear for an immigration proceeding, examination, hearing, or removal from Canada.
- The person’s identity has not been established.
- The officer has reasonable grounds to believe the individual is a danger to the public.
- The officer has reasonable grounds to suspect the individual is inadmissible on grounds of security, violating human or international rights, sanctions, serious criminality, criminality, transborder criminality, or organized criminality, and additional examination is required.
Each decision is made based on the facts of the individual case and the requirements set out in Canadian immigration law.
Does detention automatically continue?
No.
Canadian law requires regular reviews of immigration detention. In most cases, the first detention review must take place within 48 hours after detention, or as soon as possible afterward. If detention continues, another review is held within seven days, followed by additional reviews every 30 days for as long as the individual remains detained.
These reviews are conducted by the Immigration Division of the Immigration and Refugee Board of Canada, an independent administrative tribunal. During each review, the Immigration Division considers whether the legal grounds for detention still exist or whether the individual should be released, with or without conditions.
Can someone be released from immigration detention?
Yes.
A person may be released if the legal grounds for detention no longer exist or if the Immigration Division determines that continued detention is not justified under the Immigration and Refugee Protection Act.
Depending on the circumstances, release may be subject to conditions. These conditions can include reporting requirements, notifying authorities of changes in address, or other measures intended to help ensure compliance with Canada’s immigration laws.
The CBSA also has the authority to release an individual before a scheduled detention review if continued detention is no longer necessary.
Does immigration detention mean someone will be removed from Canada?
Not necessarily.
Immigration detention does not determine the outcome of an immigration case. Refugee claims, admissibility proceedings, detention reviews, and removal processes are separate legal procedures that each have their own requirements. Whether an individual remains in Canada depends on the facts of their case and the applicable provisions of Canadian immigration law.
Conclusion
Immigration detention is an important part of Canada’s immigration enforcement system, but it is subject to legal safeguards and regular independent reviews. Understanding why detention may occur, how detention reviews work, and what rights individuals have can help people better understand this area of Canadian immigration law.
If you have questions about immigration detention, admissibility, or another immigration matter, obtaining legal advice that is tailored to your specific circumstances is recommended.
Contact Jain Immigration Law
If you require assistance with immigration detention, admissibility issues, refugee claims, or any other Canadian immigration matter, the experienced team at Jain Immigration Law is here to help.
Jain Immigration Law
Phone: +1 (416) 548-5533
Email: [email protected]
Website: www.jainimmigrationlaw.com
Disclosure
This blog is provided for general informational purposes only and does not constitute legal advice. Immigration laws, regulations, and policies may change over time, and every case is unique. If you require legal advice regarding your specific circumstances, please consult a qualified Canadian immigration lawyer.