Admissibility Hearing and Detention Reviews

Detention Reviews Hearing

Canada Border Services Agency (CBSA) may detain a foreign national or a permanent resident for immigration reasons such as there are reasonable grounds to believe that the person is unlikely to appear for an examination, hearing or removal etc.

Within 48 hours of detention, 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 within 7 days of the first one. Any further hearings for detention review are held at least once every 30 days if the person is still detained.

Admissibility Hearing

Immigration, Refugees and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA)  may request 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 some limited number of cases, the Canada Border Services Agency (CBSA) may directly issue removal order to send the person out of Canada without requesting an admissibility hearing.

Immigration Division (ID) conducts admissibility hearing with submissions from the parties to decide whether the person is admissible to Canada or not. If Immigration Division (ID) issues removal order, the person may appeal the removal order to 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 Detention Review Hearing or Admissibility Hearing coming up, please immediately contact your own Canadian Immigration Lawyer Bikramjit Singh to protect your legal rights.   

Phone: (780) 729 – 0007