Colored with scrolling

Try scrolling the rest of the page to see this option in action.

Detention Review Hearings: Legal Process for Detained Immigrants
Blog

Detention Review Hearings: Legal Process for Detained Immigrants

June 13, 2024

Several factors, including identification problems, worries about their eligibility, or suspicions of breaking immigration regulations, may result in the detention of immigrants in Canada. Crucial to the immigration process are detention review hearings, which guarantee immigrants’ detention is conducted fairly and openly. 

Together with helpful advice on housing and accommodations for immigrants in Canada, this article will go over the detention review process, related expenses, and factors to consider when selecting a lawyer.

What is Detention?

inside the framework of immigration law, detention pertains to the act of holding someone in custody due to their immigration status, even in situations when they do not hold citizenship or permanent residency inside a country. This usually occurs when immigration authorities have concerns about the individual’s identity, admissibility, or potential disregard for the law. 

Detention is used to ensure that the individual appears for immigration proceedings and poses no threat to public safety or national security.

Understanding Detention Review Hearings

The Immigration and Refugee Board of Canada (IRB) decides whether an immigrant’s detention is necessary in court proceedings called detention review hearings. These hearings must be held 48 hours after incarceration and then every seven and thirty days to decide whether more custody is required.

During a detention review hearing, an IRB member evaluates the reasons for detention, the detainee’s identity, and any potential risks associated with release. A lawyer and the chance to offer proof for their release are rights that belong to the person detained. 

Three Main Reasons Behind Immigration Detention

Governments imprison immigrants for three primary reasons:

  • Flight Risk: The most common reason for immigration detention is flight risk. If there is a possibility that immigrants won’t appear for their scheduled immigration hearings, governments may decide to hold them. 
  • Danger to the Community: An immigrant may be detained by immigration officials if they have grounds to suspect that they represent harm to public safety. This can be because of a criminal history, a possible connection to terrorism, or other security issues.
  • Without Documentation: Immigrants may occasionally be held in detention due to doubts about their identification or travel documentation. This may occur if they show up without the required paperwork or if there’s a reason to think their documents are fake. 

Detained by Immigration? 

 

Here’s what to do:

 

  • Know Your Rights: You can get a lawyer (free or paid) and a hearing to challenge your detention.
  • Get a Lawyer: A legal professional can guide you and fight for your release.
  • Gather Proof: Collect documents like IDs and anything showing you shouldn’t be detained.
  • Prepare for Hearing: Work with your lawyer to understand the process and build your case.
  • Stay Informed: Talk to your lawyer and keep loved ones updated.
  • Use Resources: Detention centers offer programs, and outside groups can give support.
  • Stay Positive: Stay calm, follow rules, and focus on getting released.

Costs Involved in Detention Review Hearings

The costs of legal services involved in detention review hearings vary by province in Canada, encompassing fees for preparation, attendance, and additional items. In British Columbia, preparation costs over 3 hours at $80 per hour, with attendance fees of $160 for the first half-day and $120 for the second half-day, plus $90 for client visits and $180 for travel per half-day. Alberta charges $72 per hour for 3 to 4 hours of preparation. Manitoba has a flat fee of $200. 

In Ontario, the first review requires over 3 hours of preparation, with attendance billed at $70.35 to $87.94 per hour and travel costs for distances over 50 km. Subsequent reviews need over 1 hour of preparation. Quebec charges a flat fee of $100. These costs highlight the importance of financial planning and legal assistance to ensure effective representation during detention review hearings.

Selecting a Legal Professional

Making the appropriate legal choice is crucial for immigrants who will be appearing in detention review hearings. It is important to consider factors such as the lawyer’s reputation, cost of services, and expertise in practicing immigration law. Securing legal representation for detention review hearings may be made simpler by using an online legal marketplace to discover and hire lawyers.

These platforms give immigrants access to several lawyers, enabling them to evaluate qualifications, read client testimonials, and select a lawyer that best suits their requirements and budget. Make sure to balance availability and quality when choosing a lawyer

Canada’s Immigration Eligibility Requirements

It is essential for immigrants traversing the legal system to comprehend the immigration eligibility criteria in Canada. The prerequisites for different types of immigration applications—such as those for work permits, study permits, or permanent residency — vary. In general, candidates must fulfill security and health requirements, show that they can contribute to Canadian society, and submit the required paperwork.

Important Requirements for Eligibility

  • Work Permits: Candidates must fulfill certain requirements and have a current employment offer from a Canadian company.
  • Study Permits: Enrolling prospective students requires proof of sufficient cash and an acceptance letter from an accredited Canadian university.
  • Permanent Residency: Candidates must fulfill requirements related to programs such as the Express Entry system, which include language skills, relevant job experience, and appropriate educational background.

Accommodations and Housing for New Arrivals

Acquiring appropriate housing and lodging is an essential component of the immigration process. It might be difficult for recently arriving immigrants to find suitable and cheap homes. Resources like community groups, government housing programs, and immigrant settlement services can be very helpful. 

Advice on Where to Live

Here are some suggestions for housing and accommodation for immigrants:

  • Government Programs: Use government-subsidized housing initiatives to provide immigrants with reasonably priced renting alternatives.
  • Community Organizations: Look for assistance from neighbourhood groups offering information and housing support.
  • Web-Based Platforms: To find rental properties, compare costs, and read reviews from other immigrants, use internet platforms and tools.

To conclude, for imprisoned immigrants, detention review hearings are an essential part of the legal system. To secure your release, you must know your rights, get legal support, and prepare your case. You may prolong your immigration trip and improve your chances of a favourable result by skillfully navigating this process. For more insights, you can subscribe to LawVo. 

Back to blogs