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

5. Get a decision

If you get a release order, it will include conditions you must follow. Examples of conditions include having to:

  • report regularly to CBSA in person or by phone.
  • live with a specific person, usually your bondsperson.
  • follow a curfew
  • go to appointments to address health, addictions, employment, housing, and other needs

Before you can be released, your bondsperson must show the CBSA that they are able to pay the performance bond. If CBSA is not satisfied, you won't be released.

If you're released, you must follow the conditions in your release order until:

  • you are removed from Canada
  • the conditions are changed
  • the conditions are cancelled because you are given or status in Canada

If you have a bondsperson, they must tell CBSA if you don't follow the conditions of your release.

Not released

If you're not released after your first detention review, you will have a second detention review hearing in 7 days. If you're still not released at that hearing, you will have another hearing every 30 days until you're either released or removed from Canada.

If something changes about your situation, you can ask for an early detention review by making an application in writing to the Immigration Division. For example, you might find someone who is willing to be your bondsperson. In your application, include:

  • the name of the proposed bondsperson
  • the bondsperson's status in Canada, for example a Canadian Citizen or permanent resident
  • your relationship to the bondsperson
  • the type of bond being proposed, for example, cash bond, performance bond, or both
  • financial information about the bondsperson, such as where they work, their position, their salary, whether they have property and the value of the property
  • dates you are available for a hearing

The CBSA might not approve your request for an early review.

If you've been detained for many months, a lawyer might be able to argue that your detention has become indefinite or that it is illegal.

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