I’m not Canadian. Can immigration officials detain me?

4. Go to your detention review hearing

If you're not released from detention by CBSA within 48 hours, you will have a detention review hearing. Since there are no hearings on weekends, the hearing may be delayed. The hearing will be held either in person where you're detained or by video conference.

At the hearing, a Member from the Immigration Division will look at why you're being detained and decide if you can be released. They will look at your release plan and whether you have a bondsperson.

The Member is in charge of the hearing. The Member starts the hearing by introducing everyone. This includes themselves, the CBSA officer, and you. It could also include your lawyer or legal representative, if you have one, as well as the interpreter if you need one.

The CBSA officer will explain why they think you should continue to be detained. They will give to support their position. You must be given a copy of any evidence the CBSA officer submits.

You or your representative can say why you should be released, explain any information that is incorrect, and present your release plan and bondsperson if you have one.

It's a good idea for the bondsperson to come to the hearing to answer questions if the Member needs more information. Your representative should make sure that the bondsperson is prepared for the hearing.

The Member will look at all the evidence and decide if you should be released from detention or not.

The Member must release you if the CBSA is unable to show a good reason to continue detaining you.

The Member must also look at how long you have been in detention, whether immigration authorities have caused delays, and how much longer you're likely to be in detention waiting to be removed from Canada.

Language rights

You have a right to an interpreter at the hearing if you don't understand English or French.

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