How detention works
Detention review hearing
You will have your first detention review hearing with the IRB-ID within 48 hours after your arrest or as soon as possible.
At the hearing, a CBSA representative explains why you are being detained, presents evidence and may argue that you should remain in detention or recommend your release. A Member of the IRB-ID looks at the reasons you were detained and decides if you should remain in detention, or be released with or without conditions.
Even if CBSA establishes that there are grounds for your continued detention, the Member also considers:
- Reasons for detention
- Length of detention
- Delays or problems that CBSA or you caused
- Possible alternatives to detention
- The best interests of any children under 18 who are involved
- Conditions of detention
In addition to a CBSA representative and a Member of the IRB-ID, other people may attend your hearing, including:
- You and any family members, if they are also detained
- An interpreter, if you need one
- Your legal representative, if you have one
- Witnesses or observers at your hearing, if allowed
Most IRB hearings are virtual. However, a request can be made to have your hearing in-person.
The detention review hearing is in English or French. The IRB-ID will give you an interpreter if you need one. If you do not speak English or French and need an interpreter in your own language, tell CBSA this when you are arrested.
The people at a detention review hearing are:
- The Member of the IRB-ID who makes the decision
- A CBSA representative (called Minister’s Counsel)
- You and any family members, if they are also detained
- An interpreter, if you need one
- Your legal representative, if you have one
- Witnesses or observers at your hearing, if allowed
Alternatives to Detention
You or your legal representative can suggest an Alternative to Detention (ATD). An ATD is a release plan with conditions that you may follow. Some reasonable ATD’s can include:
- providing CBSA with your residential address
- reporting regularly to CBSA
- following a curfew
- living with a specific person
- avoiding drinking alcohol or taking drugs
The Member will decide if conditions are necessary and what the conditions will be.
If detention continues
If the IRB-ID Member decides you must continue to be detained, you will have another hearing within seven days. If you are ordered detained at this second hearing, you will have hearings at least every 30 days from then on.
If you remain detained after your refugee claim has been filed, the IRB-RPD will process your claim more quickly. They will schedule a hearing in a shorter amount of time than usual. If you have your hearing while detained, and you do not have a legal representative, it is important to ask an NGO for help.
If you are released
If the IRB-ID Member orders your release, you will be told if there are any conditions to follow. It is very important to understand the conditions. You must follow these conditions until CBSA says you do not have to, or until the IRB-ID or CBSA agree to change them.