Immigration Detention in Canada

The Canada Border Services Agency (CBSA) has authority under the Immigration and Refugee Protection Act (IRPA) to detain foreign nationals and permanent residents in specified circumstances. Detainees are held in an Immigration Holding Centre (IHC) or — where those facilities are at capacity — in a provincial correctional institution. Immigration detention is civil in nature, not criminal, but it can become prolonged without active legal intervention at every detention review.

Canadian law — reinforced by the Canadian Charter of Rights and Freedoms — requires that any person detained for immigration reasons have their detention reviewed by the Immigration Division within 48 hours of detention (or as soon as reasonably possible), with further reviews at 7 days and every 30 days thereafter. We provide urgent representation at every review to protect your rights and fight for your release.

Grounds for Immigration Detention Under the IRPA

CBSA may detain a person on three primary grounds:

  • Flight risk (section 55(2)(b)) — CBSA has reasonable grounds to believe you will not appear for an immigration proceeding, examination, or removal. Assessment considers your immigration history, ties to Canada, prior non-compliance, and travel documents.
  • Danger to the public (section 55(2)(a)) — CBSA has reasonable grounds to believe you pose a danger to the Canadian public, based on past criminal conduct, pending criminal matters, or other risk-indicating factors. Danger must be assessed with reference to concrete evidence, not speculation.
  • Identity not established (section 55(2)(c) and section 55(3)(b)) — CBSA has not been able to establish your identity and you are not cooperating with efforts to do so. This ground falls away once identity is satisfactorily established.

The Three-Stage Detention Review Timeline

48-Hour Review

Within 48 hours of your detention — or as soon as reasonably possible — the Immigration Division holds a hearing to review whether continued detention is justified. We appear at your 48-hour review, present evidence of your community ties and any available bondspeople, and argue for your immediate release with conditions if necessary. Preparation begins the moment we are retained.

7-Day Review

If detention is continued at the 48-hour review, a second review must be held within seven days. We use the intervening time to build a stronger release record — securing additional community support letters, finalizing financial bond arrangements, and preparing more detailed submissions responding specifically to the ID member's concerns from the first review.

30-Day Reviews

After the 7-day review, reviews must be held at least every 30 days for as long as detention continues. At each review, we challenge the ongoing basis for detention and raise the cumulative length of detention as an increasingly important factor. The longer a person has been detained without removal being imminent, the stronger the argument for release.

Alternatives to Detention — Key to Securing Release

Canadian law requires the Immigration Division to consider viable alternatives to detention before ordering continued detention. We proactively develop a release plan that includes:

  • Reporting conditions — regular reporting to CBSA at specified intervals
  • A bondsperson (surety) — a responsible person who provides a financial guarantee and undertakes supervisory responsibility
  • Financial bond — a cash deposit with CBSA commensurate with the assessed risk
  • Electronic monitoring — a GPS bracelet for high-risk cases
  • Approved residence conditions — residing at a CBSA-approved address

We identify suitable bondspeople in your community, prepare them to testify at the detention review, and design conditions that directly address the specific risk concerns raised by CBSA — maximizing your chances of release at the earliest possible review.

Judicial Review of Continued Detention

Where detention continues despite multiple reviews, we assess whether an urgent application for judicial review at the Federal Court is appropriate. The Federal Court has special expedited procedures for immigration detention matters. Prolonged detention without a realistic prospect of removal raises serious legal concerns — including Charter rights — and the Federal Court takes these concerns seriously.

Act immediately. If a family member or friend has been detained by CBSA, contact Azimi Law right away. The 48-hour review occurs quickly and early preparation dramatically improves the prospect of early release. Call us now — we provide urgent immigration detention representation.

Frequently Asked Questions

What happens at a 48-hour immigration detention review?

At the 48-hour review, an Immigration Division member hears from the CBSA officer who ordered the detention and from you through your counsel. The member assesses whether the grounds for detention still exist and whether alternatives to detention can adequately address CBSA's concerns. The review is brief but consequential — release at the 48-hour stage is the most efficient outcome and requires the strongest possible preparation.

Can I be released from immigration detention on a bond?

Yes. The Immigration Division can order release with conditions, including requiring a financial bond deposited with CBSA by a bondsperson, reporting conditions, and approved residence requirements. The size of the bond depends on the assessed flight risk or danger concerns. We identify suitable bondspeople in your community and present them at your detention review.

How long can immigration detention last in Canada?

There is no statutory maximum period for immigration detention in Canada. However, the length of detention is itself a factor the ID must consider at each review — prolonged detention without a realistic prospect of removal becomes increasingly difficult to justify. The Federal Court has noted that indefinite detention raises serious Charter concerns. We raise the duration of detention at every review and, where appropriate, bring judicial review proceedings.

My family member was detained and we cannot find them — what do we do?

Contact Azimi Law immediately. If you know the person was detained by CBSA but do not know which facility they are in, we can help locate them through CBSA's immigration detention records. The 48-hour review occurs quickly — we need to be engaged as early as possible to ensure we can appear and advocate effectively at the first review.