Detention Review Hearings

Immigrtion Division and Detention Review Hearings

​The Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB) conducts detention reviews for foreign nationals or permanent residents who have been detained by the Canada Border Services Agency (CBSA) for immigration-related reasons.

When the CBSA detains a person, a detention review must be conducted to determine if there are sufficient grounds to maintain custody under the Immigration and Refugee Protection Act (IRPA). The ID will assess the reasons for custody within 48 hours after detention (or as soon as feasible thereafter). According to the IRB tribunal process, the review will be heard by a member (decision-maker). The procedure is adversarial. There are two opposing parties: the person detained and the Minister's counsel for the CBSA.

If the person is not freed at the 48-hour review, the next detention review must be set up within 7 days after the 48-hour review, and if the person is not released at the 7-day review, the subsequent detention reviews must be set up every 30 days going forward.

It is critical that you contact a knowledgeable immigration lawyer as soon as you are detained. Immigration detainees are housed at the Edmonton Remand Centre. In most cases, immigration detention reviews in Edmonton are done through video conference with the Immigration Division Member presiding from Vancouver.

You, your family members, or your friends should inform Umer Law as soon as possible of your arrest or immigration detention so that we may make arrangements to meet you at the Edmonton Remand Centre.Β 

If you want your lawyer to successfully argue for your release during the initial detention review, time is of the essence in getting all the information, supporting evidence, and witnesses from you.

Dedicated to offering clients outstanding representation in particular practice areas, Umer Law also takes Legal Aid certificates.