Detention reviews - 4. Possible outcomes of a detention review

After hearing from the CBSA representative and you or your counsel, the member will make their decision. They may decide to release you or to keep you in detention.

What happens if you are detained?

If you are ordered to stay in detention, you will have another detention review within seven days. If the member orders your detention again after the seven day review, the reasons for your detention will be reviewed again in 30 days. These reviews will continue every 30 days after that until you are released or removed from Canada. At each detention review, you can present new facts to support your request for release. For example, you can find a new bondsperson who is willing to help you.

Early detention reviews

You may make a written application for an Early Detention Review. This means a detention review would be held before the expected timeframe, for instance before the next planned 30 day review. The Canada Border Services Agency (CBSA) may respond, and state if they are opposed to the application for an Early Detention Review. The member may allow the application if you set out new information that justifies an early review of your detention.

The application should contain the following information:

• Name of the proposed bondsperson(s)
• Bondsperson’s status in Canada (ie. Canadian Citizen, Permanent Resident, etc.)
• Bondsperson’s relationship to the Person Concerned
• Type of bond(s) being proposed (cash and/or performance)
• Financial information to evaluate the proposed dollar amounts (*ie Bondsperson’s place of employment, position, salary, of they have property and its value, etc.)
• Three available dates for the early detention review

What happens if you are released?

After you are released, you must respect the conditions of your release. These conditions apply to you until you are removed from Canada, or until they have been changed or cancelled. You can ask the Immigration Division to change or cancel your conditions if a period of time has passed since the conditions were imposed. To make this request, you may complete an application to vary conditions of release or write a letter to the Immigration Division explaining why you think your conditions should be changed. You must also send a copy of the completed form or letter to the CBSA.