If you are a permanent resident or a foreign national, you have the right to an independent hearing to review why you are being detained. When the CBSA detains you, it must tell the Immigration Division of the IRB. An IRB decision-maker called a member will then hold a detention review hearing within 48 hours of your detention or as soon as possible afterward. At the end of your hearing, the member will decide whether you will be released or stay in detention.
You will receive a notice telling you where and when your detention review hearing will be held.
•A permanent resident is a person whom the Government of Canada has allowed to live permanently in Canada. Permanent residents may later apply to become Canadian citizens.
•A foreign national is a person from another country who is not a Canadian citizen or a permanent resident.
Detention is a serious matter. Although you can represent yourself in your hearing, you may want to hire counsel to help you. Counsel can be a lawyer or a registered immigration consultant.
Please contact us directly for more information.