Admissibility Hearings and Detention Reviews
Canada Boarder Services Agency (CBSA) Officers can detain a permanent resident or a foreign national at a port of entry( at the airport or in land border) if the officer has reasonable grounds to suspect that the permanent resident or the foreign national is inadmissible on grounds of security, violating human or international rights, serious criminality, criminality or organized criminality .The officers can detain the person with warrant or without warrant at the port of entry.
As soon as the CBSA officer detain the person, the officer will prepare the note to use for the detention review during admissibility hearing at the IRB.You will be given opportunity to appoint the legal counsel to represent you at the IRB hearing for your detention review.The most important thing while you are in the detention center is that you will have very short time to appoint the counsel to represent you for the hearing.
Likewise, it is very important to have a legal representative who will be able to explain about your legal rights, and consequences if not properly prepared for the detention review.ND Paralegal Services has extensive knowledge and experiences to deal matter at the IRB Hearing , and you will be represented competently and professionally in order to protect your rights.For further details, please contact ND Paralegal Services.
Why would you be detained at the border/port of entry?
The CBSA may want to detain a person who:
- is unlikely to appear for an examination, hearing or removal,
- is a danger to the public or has violated human or international rights, or
- has not established his/her identity.
- is inadmissible for security reasons or violating human or international rights, serious criminality, criminality or organized criminalit
After CBSA detain a foreign national or a Canadian permanent resident, the Immigration Division (ID) holds a hearing for someone only at the request of the Canada Border Service Agency (CBSA). A CBSA officer provides a report containing the reasons for which he/she believes that the person should not be admitted to, or allowed to stay in, Canada.
When the foreign nationals or permanent residents are believed to be in violation of the Immigration and Refugee Protection Act, there will be admissibility hearing at IRB.
Conditions for Removal from Canada
- security grounds
- violating human rights
- serious criminality
- organized criminality
- health reasons
- financial reasons (unable to provide for oneself)
- failure to comply with the Act
After hearing the evidence and the testimony of both parties (CBSA & the detained person), ID will make the decision to:
- order the release of the person detained, with or without conditions, or
- maintain the detention.