Immigration detention review lawyer in Brampton
Time-critical
Time limits here are short. Call the chambers now.
Monday to Friday, 9:00 a.m. to 5:00 p.m. Outside office hours, leave a message at 905-452-0348 with your number, and say if someone is detained or has a removal date.
Updated
The short answer
If the Canada Border Services Agency (CBSA) holds someone for immigration reasons, there must be a review within 48 hours. The next review is within 7 days. After that, there is a review at least once every 30 days. At each review, a lawyer can ask for release and offer a plan, such as a bondsperson and conditions. If someone is detained, call now.
If someone is detained, call now
Detention reviews happen fast. The first one is usually within 48 hours. Plan for release before that first hearing, not after it.
If the Canada Border Services Agency (CBSA) has detained a family member, call 905-452-0348. Ask for Manny Hundal. Have these ready:
- the person’s full name and date of birth
- where they are held
- their CBSA client or file number, if you have it
This page is general information, not legal advice.
Who this is for
This page is for people held in immigration detention, and for their families. The CBSA can arrest and hold a permanent resident or a foreign national. This power comes from the Immigration and Refugee Protection Act (the Act).
People are often detained at an airport or a land border. Some are detained when a criminal sentence ends. Others are detained when the CBSA plans to send them out of Canada. Some are held in an immigration holding centre. Others are held in a provincial jail.
Immigration detention is not a criminal sentence. It has three purposes:
- to make sure the person comes to their hearings or removal
- to protect the public
- to confirm who the person is
But it is still detention. So the law says an independent decision-maker must review it.
That decision-maker is a member of the Immigration Division. The Immigration Division is part of the Immigration and Refugee Board, a tribunal that is separate from the CBSA. At the hearing, a CBSA hearings officer argues to keep the person detained. The detained person, or their lawyer, argues for release.
How it works
1. The CBSA can release before the first review
A CBSA officer can release someone before the case reaches the Immigration Division. The release can come with or without conditions. Ask for this early. It helps most when a bondsperson and a clear address are ready.
2. The 48-hour review
The Immigration Division must review the reasons for detention within 48 hours. If that is not possible, it must happen without delay after that. Hearings are usually held by video or phone. You can ask for an in-person hearing.
3. The 7-day review
If the person stays detained, there is another review within 7 days after the first.
4. The 30-day reviews
After that, the Immigration Division reviews the detention at least once in every 30-day period. This goes on for as long as detention lasts. You can ask for an earlier review if something changes. For example, a new bondsperson may become available.
5. The decision at each review
The member must order release unless a ground for detention exists. The member must also consider other options instead of detention. If the member orders release, they can set conditions. They can also ask for a cash deposit or a guarantee.
The grounds for detention
The CBSA must point to a ground, or reason, set out in the Act. The main ones are:
Danger to the public
The person is a danger to public safety. This is often based on a criminal record.
Flight risk
The person is unlikely to come to an examination, a hearing, their removal or another step.
Identity
No one has confirmed who the person is, and the CBSA is taking steps to find out.
There are narrower grounds in some security and criminal cases. There are also special rules for “designated foreign nationals.”
Even when a ground exists, the member must weigh other factors. These include:
- how long the person has been held
- how long detention is likely to last
- any delays
- whether there are other options instead of detention
- the best interests of any child affected
A Board policy called Chairperson Guideline 2 tells members how to weigh these factors.
Release plans and alternatives to detention
A strong release plan answers the exact concern behind the detention. It usually combines several of these:
Conditions
For example: report to the CBSA on a schedule, live at a fixed address, keep a curfew, have no weapons, use no alcohol or drugs, and keep the peace.
A bondsperson
A person you trust who promises the detained person will follow the conditions. They may also put up money.
A CBSA program instead of detention
This can mean supervision by a community partner group, reporting from home, or electronic monitoring in higher-risk cases.
Bondspersons and bonds
There are two kinds of bond.
Cash deposit
Money is paid to the government. You get it back if the conditions are followed. The government keeps it if they are broken.
Guarantee (performance bond)
The bondsperson signs a promise to pay an amount if the conditions are broken. A guarantor must be a Canadian citizen or permanent resident. They must be able to afford the amount.
A bondsperson can be a family member, a friend, an employer or someone from the community. At the hearing, the Immigration Division and the CBSA usually ask the bondsperson questions. They ask about:
- their relationship with the detained person
- their money and savings
- where the person will live
- how they will make sure the conditions are followed
A bondsperson usually stays in that role until the immigration case ends. They must tell the CBSA if any condition is broken.
What family can do
- Call a lawyer right away.
- Find out where the person is held. The CBSA can confirm the location if you give the person’s details.
- Choose one or more possible bondspersons. Gather their ID, proof of status in Canada, proof of income and savings, and proof of address.
- Fill in the Immigration Division’s Bondsperson Information form with your lawyer.
- If identity is an issue, gather the detained person’s ID, such as a passport or birth certificate.
- Collect letters that show family ties, a job or a place to live.
- Be ready to attend the hearing, usually by video.
Deadlines
The law sets these review dates. The Immigration Division must meet them. You do not have to file anything to start them.
First review
within 48 hours after detention, or without delay after that.
Second review
within 7 days after the first review.
Later reviews
at least once in each 30-day period after that.
Designated foreign nationals follow a different schedule. If the detention leads to a removal order, other deadlines start too. These are for an appeal or a Federal Court review, and they are short.
Common problems
Waiting until the 30-day review. Each review is a chance at release. The early reviews matter as much as the later ones.
A bondsperson who is not ready. A bondsperson may be turned down if they cannot explain how they will supervise. The same is true if they are unsure about their own money.
A plan that does not answer the concern. If the ground is flight risk, the plan must show why the person will show up. If the ground is danger, the plan must deal with that risk.
How Manny helps
- He takes urgent calls, contacts the detained person and confirms the next review date.
- He reviews the CBSA’s reasons and the evidence it relies on.
- He builds a release plan and prepares bondspersons for their questions.
- He represents the detained person at the 48-hour, 7-day and 30-day reviews. He asks for an early review when things change.
- He gives advice on the case behind the detention. This could be an admissibility hearing, a removal order appeal or a Federal Court application.
Consultations are available in English, Punjabi and Hindi. No lawyer can promise a result.
Frequently asked questions
The Immigration Division must review the reasons for detention within 48 hours after the person is detained, or without delay after that. If the person stays detained, there is a second review within 7 days after the first one. After that, there is at least one review in every 30-day period. These timelines come from section 57 of the Immigration and Refugee Protection Act. The CBSA can also release someone before the first review. “Designated foreign nationals” follow a different schedule. This applies only in rare cases where a group arrives irregularly. The first review comes very fast. So call a lawyer as early as you can, to have a release plan and a bondsperson ready.
There are three main grounds. The person may be a danger to the public. They may be unlikely to come to an examination, hearing or removal. Or no one has confirmed who they are. There are also narrower grounds in some security and criminal cases. At a detention review, the member must order release unless a ground exists. The member must also weigh other factors. These include how long the person has been held, how long detention may last, and whether there are other options. The best interests of any child affected must also be considered. Immigration detention is not meant to be a punishment.
A bondsperson promises the Immigration Division that the detained person will follow their release conditions. It is often a family member or friend. It can also be an employer or someone from the community. The bondsperson may pay a cash deposit, which is returned if the conditions are followed. Or they may sign a guarantee. A guarantee is a promise to pay a set amount if the conditions are broken. A guarantor must be a Canadian citizen or permanent resident who can afford the amount. At the hearing, the member and the CBSA usually ask the bondsperson questions. They ask about the relationship, money and how the bondsperson will supervise. The role usually lasts until the immigration case ends.
Yes, usually. Most Immigration Division hearings are open to the public. Most are held by video or phone. If you are offering to be a bondsperson, plan to attend. The member and the CBSA hearings officer will want to ask you questions directly. Bring ID, proof of status in Canada, proof of income or savings, and proof of address. Family can also help by gathering the detained person’s ID and letters of support. Talk to the lawyer before the hearing about what you will be asked. That way your answers will be clear and correct.
These are ways to deal with the concern behind the detention without keeping the person locked up. One is release on conditions, such as reporting, a fixed address and a curfew. Another is a cash deposit or a guarantee from a bondsperson. There are also CBSA programs. These include supervision by a community partner group, reporting from home, and electronic monitoring for higher-risk cases. The Immigration Division must consider these options before it continues detention. The right option depends on the reason for detention. A lawyer can build a plan that answers the exact concern the CBSA has raised.
Yes, if something changes. The Immigration Division can hold an early review when there are new facts. For example, a new bondsperson may be available. New ID documents may arrive. Or the person’s health or family situation may change. You ask in writing. Explain what has changed and why it matters. An early review is not a chance to repeat the same arguments. It works when there is something truly new. The new fact should answer the reason the member gave for keeping the person detained.
No. Release ends the detention, but not the immigration case. The person must follow every condition. The case behind the detention goes on. It could be an admissibility hearing, a removal order, a refugee claim or a removal date. Breaking a condition can lead to a new arrest. It can also mean losing any deposit or guarantee. So deal with the main case at the same time. That may mean an appeal to the Immigration Appeal Division (IAD), a Federal Court application, or another application. Each has its own deadline. Manny can advise on both the detention and the case behind it.
This page is general information, not legal advice about your situation.