Detention Review Hearings

You may want to read this document if you or someone you know has been detained and has been asked to go to a detention review hearing before the Immigration Division of the Immigration and Refugee Board of Canada (IRB).

The Immigration Division of the Immigration and Refugee Board of Canada (IRB). will hear your case and decide if you should be released or stay in the detention centre. The IRB is like a less formal court because it makes legally binding decisions.

The role of the Canada Border Services Agency (CBSA) is to manage, control and secure Canadian borders. They are responsible for detaining and removing people who do not have the right to enter or stay in Canada.

If you are detained and 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 the detention centre.

You will receive a notice telling you where and when your detention review hearing will be held.

At a detention review hearing, an Immigration Division (ID) member is in charge. The member will start by introducing everyone and explaining what is going to happen. If you do not understand French or English, an interpreter will be at the hearing to translate for you.

This document explains, in more detail, what is involved in an IRB detention review hearing. It outlines why you may be held in detention and possible alternatives to detention.

Last updated: November 12, 2020 1005186