Immigration to Canada | Federal Court and Immigration and Refugee Board Hearings | Detention Review Hearings
An “immigration hold” is a form of detention in Canada used by the Minister of Citizenship and Immigration to keep people in custody to ensure their attendance at future interviews and hearings, or to ensure their attendance at removal proceedings. Detention center officials should be able to advise you whether or not you are on an immigration hold, or if you are in detention for another purpose, such as awaiting trial or extradition to a foreign country. If you were arrested on criminal charges and have already posted bail but you remain in detention, you are probably on an immigration hold.
You may be detained by Immigration for a variety of reasons:
- Immigration Canada may wish to interview you in connection with your arrival in Canada;
- Immigration Canada may have learned that you are living in Canada without status. (For example, you entered Canada using a false name or your temporary status has expired);
- Immigration Canada may have learned that you are in breach of the Immigration and Refugee Protection Act (i.e. if you are a permanent resident who has been convicted of a serious crime).
You can be released from your immigration hold in two ways:
- an immigration official may decide that your detention is no longer warranted; or
- your release may be ordered by a member of the Appeal Division of the IRB.
It is uncommon for Immigration Canada to reconsider your detention. The most common way for people to be released from detention is by an order from an IRB member.
By law, a review of the reasons for your detention must occur within 48 hours after you are taken into custody. In reality, due to scheduling problems at Immigration and the IRB, the initial review may not be held until three or four days after you have been taken into custody. This hearing is known as a “detention review”.
If you are not released from custody after your “48-hour” detention review, then the reasons for your detention will be reviewed again seven days after your first hearing. If, after your “seven-day” detention review, an IRB member still believes that you should remain in custody, the next detention review will be held 30 days after the “seven-day” hearing. After this, your detention reviews will be held at 30-day intervals for the duration of your time in the custody of Immigration.
The date, time, and place of your next detention review (for every hearing except your 48-hour review) will be set by the IRB member who was present at the previous review. The IRB member will give you an Appearance Notice at the conclusion of every detention review, regardless of whether you have been ordered released.
If you breach any condition of your release, you risk being taken back into custody, and having whatever bonds that were posted on your behalf seized by the Government of Canada.
|
Immigration Holding Centre Rexdale. |
385 Rexdale Blvd, Toronto, Ontario, M9W 1R9 |
Tel: (416) 401-8505 |
|
Metropolitan Toronto West Detention Centre |
111 Dixon Road, PO Box 4950, Rexdale ON |
Tel: (416) 675-1806 |
|
Maplehurst Correctional Complex |
661 Martin Street, PO Box 10, Milton ON, L9T 2Y3 |
Tel: (905) 878-8141 |
|
Vanier Centre for Women |
205 McLaughlin Road South, PO Box 1150 |
Tel: (905) 459-9100 |
|
Central East Detention Centre (Lindsay). |
50 Victoria Avenue North |
Tel: (705) 324-3792 |
|
Central North Correctional Centre (Penetanguishene) |
1501 Fuller Avenue, |
Tel: (705) 549-9470 |
|
Toronto Jail – Don Jail |
550 Gerrard Street East |
Tel: (416) 325-8600 |
|
Metropolitan Toronto East Detention Centre |
55 Civic Road |
Tel: (416) 750-3513 |
|
Niagara Detention Centre –Thorhold. |
Highway 58, 1355 Uppers Lane, PO Box 1050 |
Tel: (905) 227-6321 |
|
Hamilton-Wentworth Detention Centre |
165 Barton Street East |
Tel: (905) 523-8800 |
Further Reading
It’s always sad to see detained kids – GMC December 24th, 2007
