Canada Border Services Agency (CBSA) may detain a foreign national or a permanent resident for immigration reasons, such as when there are reasonable grounds to believe that the person is unlikely to appear for an examination, hearing or removal, etc.
CBSA brings the detained foreign national or permanent resident before the Immigration Division (ID) for detention review. Immigration Division (ID) hears the detention review with submissions from the parties to decide whether the detainee should be released or not.
If detention of the person continues at the first review, then the Immigration Division (ID) will hold the second detention review. Any further hearings for detention review are held if the person is still detained.
Immigration, Refugees and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA) may request the Immigration Division (ID) to hold an admissibility hearing for a foreign national or permanent resident who is believed to have contravened the Immigration and Refugee Protection Act (IRPA).
In a limited number of cases, the Canada Border Services Agency (CBSA) may directly issue a removal order to send the person out of Canada without requesting an admissibility hearing.
Immigration Division (ID) conducts an admissibility hearing with submissions from the parties to decide whether the person is admissible to Canada or not. If the Immigration Division (ID) issues a removal order, the person may appeal the removal order to the Immigration Appeal Division (IAD) or may be able to seek leave of the Federal Court of Canada for a judicial review of the Immigration Division (ID) decision.
If you have a Detention Review Hearing or Admissibility Hearing coming up, please immediately contact a Canadian Immigration Lawyer at B. Kay Law office to protect your legal rights.