A Canada Border Service Agency officer must review the reason for detention within 48 hours. It decides to release persons with or without conditions relying upon conditions. It concluded by the CBSA officers. The Immigration Refugee Board of Canada (IRB) reviews reasons for detection after person kept for over 48 hours.
The IRB reviews the case, and it decides whether the person remain in detention or not. It discusses seven days and again after every 30 days. It generally open to the public before IRB immigration review. IRB determines some issues. Such as:
- Threat to an individuals life
- Detention review could risk
- Information, including national security, may disclose.
Detention Review Process
Permanent residents who detained by CBSA for immigration reasons appear for detention review. Its detained before the immigration Division (ID) of the immigration and refugee board of Canada (IRB). The CBSA can hold a permanent resident or foreign national if it has some reasonable grounds.
One of the rational ground is to believe that the person. It based on
- The person unlikely to appear for a test, hearing or removal
- The person is in danger to the public.
The second reasonable ground is to suspect that the person. It based on the person not to allow to enter in Canada for some security reasons. The last reasonable grounds are officers not satisfied with the person. It has established the identity. It only applies to foreign nationals.
Review Processing steps
Within 48 hours of detention, the ID reviews the reasons for arrest. Decision-maker will understand the review according to the IRB court process. There are two opposites parties. One party is the person who detained, and the other is Minister’s counsel for the CBSA. If the member’s orders continued detention, the person could appeal for another hearing. But this will process before ID within 30 days. It could do as long as the person detained if the member finds that there is no longer a reason under IRPA to continue detention.
The member will hear cases from Minister’s counsel. The person will respond to why the person should remain detained. The member may then order that the person stay in detention.
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