IRB Representation
Detention Reviews
Representation at immigration detention review hearings.
Overview
When a person is detained under immigration law, the Immigration Division (ID) holds detention reviews to decide whether continued detention is justified, or whether the person should be released, often subject to conditions.
Reviews follow a schedule set by the Immigration and Refugee Protection Act: the first within 48 hours of detention (or without delay afterward), the next within the following seven days, and then at least once in every 30-day period while detention continues.
At each review, the ID looks at the reasons for detention, such as a risk of not appearing, danger to the public, or identity concerns. It must also weigh factors such as the length of detention, alternatives to detention, and the best interests of any child affected, so a strong release plan can make a meaningful difference.
Who may consider this: People detained under immigration law, or their family, seeking representation at a detention review.
Eligibility Considerations
- Being currently detained under immigration law
- A scheduled detention review before the Immigration Division
- The right to be represented and to propose a release plan
- Where available, a bondsperson willing to pay a deposit or sign a guarantee and to support the person on release
How It Works
Urgent Case Review
We review the circumstances of detention quickly, given the time-sensitive nature of these hearings.
Release Plan Preparation
We build a release plan that answers the specific reason for detention — a bondsperson, a deposit or guarantee, reporting conditions, or a Canada Border Services Agency (CBSA) alternative to detention.
Evidence Gathering
We gather identity, community ties, and other relevant evidence to support the review.
Detention Review Hearing
We represent you at the hearing before the Immigration Division.
Decision & Next Steps
We explain the outcome and, if detention continues, prepare for the next review within the timelines set by law.
Documents You May Need
Document requirements vary by applicant and pathway — not every applicant needs every item below. We confirm your specific list during an assessment.
- Identity documents, where available
- The proposed bondsperson's identity, status, and financial documents, and proof of their ties to the detained person
- Details of any proposed deposit or guarantee
- Evidence of community ties, housing, or an address for release
- Any relevant immigration or criminal history documentation
Common Issues to Watch For
These are presented to help you prepare, not to cause concern — most are avoidable with careful preparation.
- Not having a bondsperson or release plan ready before the review
- A release plan that doesn't address the specific reason for detention
- Proposing a bondsperson who can't realistically supervise or support the person
- Limited time to prepare, given how quickly these hearings are scheduled
- Incomplete documentation of community ties or an address
How We Help
- Act quickly given the short timelines involved in detention matters
- Help identify and prepare a bondsperson where appropriate
- Explore CBSA alternatives to detention, such as community case management and supervision or electronic monitoring
- Present a clear release plan addressing the board's likely concerns
- Represent you at each scheduled review
Frequently Asked Questions
How often are detention reviews held?+
The first review is held within 48 hours of detention, or without delay afterward. The next is held within the following seven days, and after that at least once in every 30-day period while detention continues.
What is a bondsperson?+
A bondsperson is someone who agrees to help make sure the released person follows their conditions. They may pay a cash deposit or sign a guarantee, which can be lost if the conditions are broken.
What are alternatives to detention?+
Besides a bondsperson, options can include reporting conditions and CBSA programs such as community case management and supervision or electronic monitoring. What is available depends on the case.
Can detention end with conditions instead of full release?+
Yes, release is often subject to conditions such as reporting requirements or a deposit, decided based on the specific case.
The information on this website is provided for general guidance only and does not constitute legal or immigration advice. Immigration policies, fees, processing times, and eligibility requirements change frequently. Please verify current requirements with official government sources or a qualified immigration professional before making decisions.