Most refugee claimants will live in the community in Canada for their entire refugee claim process. Only a small number are arrested and detained (held in custody).
If the Canada Border Services Agency (CBSA) detains you, they will tell you why. Most refugee claimants who are detained are released later.
Why CBSA may seek to detain you
It is important to know the reasons why you could be detained. These reasons include:
Flight risk
CBSA may have concerns whether you will show up for your removal or an immigration proceeding. For example, you may have a history of not following immigration laws (in Canada or another country).
Identity
CBSA may have questions about who you say you are. This can happen if you do not have documents to prove your identity. It can also happen if CBSA believes you have false documents or does not believe the information you provided about yourself or how you traveled to Canada.
CBSA will ask you for evidence to prove your identity. Sometimes they look at social media, visa applications, or information from other countries.
Danger to the public
CBSA may believe you are dangerous to people in Canada.
Security
CBSA may have criminal or security concerns, and they can detain you while they try to get more information. If they find evidence supporting their concerns, they may ask the IRB-ID to decide if you are allowed to be in Canada.
Get released with conditions
For any of the situations above, CBSA may release you if you promise to follow certain conditions.
For example, if they think you are a flight risk, you can promise to:
- report to CBSA regularly,
- live at a certain place, or
- get a cash deposit or guarantee from another person (such as a family member).
When you can be detained
You can be detained at a legal border crossing, at an unofficial border crossing, at an airport, a seaport, or within Canada.
In most cases, this happens at the start of the refugee claim process. You can also be detained when you are already in Canada or during or after an interview with immigration officials, while you are in Canada.
Where you can be held
If a CBSA officer arrests you, you may be held in a CBSA Immigration Holding Centre. These are located in:
- Toronto, Ontario
- Laval, Quebec (close to Montreal)
- Surrey, British Columbia (close to Vancouver)
Where you are detained depends on whether there is an Immigration Holding Centre in your region, available space in it, and the level of risk they think you pose. The conditions of these locations vary. It may be possible to ask CBSA to change your location. A Detention Liaison Officer or an Inland Enforcement Officer can tell you who to contact if you are concerned about conditions.
You may be detained at a provincial or territorial jail as opposed to an Immigration Holding Centre, if there is no Holding Centre where you live, or if CBSA believes that you are a danger to others or to yourself.
How long you can be detained
If you are detained, CBSA may release you within 48 hours if they believe there is no reason to continue holding you or if there is an Alternative to Detention (ATD) available. If you are still detained after 48 hours, you will have a detention review hearing. If you are not released, you will have another hearing within 7 days. If you continue to be detained, you will have hearings at least every 30 days from then on.