It is important to remember that Canadian immigration law is exactly that – law. The governing body that oversees the application process for applying to immigrate to Canada (called Immigration, Refugees, and Citizenship Canada, or IRCC) is related to, but is separate from the governing body that enforces the laws. This agency, called the Canada Border Services Agency (CBSA) may detain, or hold, a foreign national or permanent resident, if it has reasonable grounds to believe that the person:
It is important to remember that Canadian immigration law is exactly that – law. The governing body that oversees the application process for applying to immigrate to Canada (called Immigration, Refugees, and Citizenship Canada, or IRCC) is related to, but separate from the governing body that enforces the laws. This agency, called the Canada Border Services Agency (CBSA) may detain, or hold, a foreign national or permanent resident, if it has reasonable grounds to believe that the person:
- Is unlikely to appear for an examination, hearing or removal
- Has not established his/her identity
- Is a danger to the public
- Is inadmissible (meaning he or she is not allowed to enter or remain in Canada under specific terms)
If you find yourself at odds with CBSA, it is imperative that you understand the seriousness of the situation. You have the right to representation and it is strongly advised that you obtain competent representation as soon as possible.
If you are detained, the process moves quickly. The CBSA will notify the Immigration and Refugee Board (IRB) of your detention and a member of the Immigration Division (ID) will review the reasons for your detention at a hearing called a detention review within 48 hours of your detention. The ID will consider why you were detained and whether or not the reason for your detention still exists. The Minister’s counsel will make his or her argument for why you should remain detained. The ID member will hear the argument, but grant you the opportunity to respond. This is where representation comes in. The team at Mansouri understands Canadian immigration law, and we have experience in this complicated area. We will be able to challenge the argument against you according to the law. We will help you gather and present the appropriate evidence to help give you the best chance to defend yourself.
If detained, you may be held in a provincial correctional facility or in an immigration holding center. While the review process starts promptly, it can be a long, drawn out process that lasts for weeks or even months. This can cause a great deal of stress, but retaining counsel can ease some of this. Based on the evidence provided at these detention reviews, the ID may order your release, with or without conditions, or maintain your detention. Retaining professionals who understand the law and the detention review process will help you understand what you are up against, and give you the best chance for a favorable outcome.
There is a lot at stake in a detention review hearing. Seek the help of Mansouri Firm to guide you through the process.
Why work with us?
The experts at Mansouri Canadian Immigration Services (or Mansouri Firm) are here for you. We are dedicated and attentive. Our aim is to help you understand your options and to guide you along the complex application process ahead. Every case is unique, so we make sure that we understand your personal situation. We have experience with a great number of immigration programs for Canada, and we will do our best to find the right pathway for you.
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