IAD Detention Reviews
Has Someone You Love Been Detained by CBSA?
If a family member or friend has been detained under Canada's immigration laws, we can represent them at their detention review and help you understand what happens next.
Learn more about our RCIC-IRB representation →
Finding out someone you care about has been detained by the Canada Border Services Agency (CBSA) is frightening, especially if you're not sure what happens next. Detained individuals have the right to a detention review before the Immigration Division (ID) of the Immigration and Refugee Board, where a member decides whether they should be released, and if so, under what conditions. We represent detainees at these reviews and can speak with family members about the process while it's happening.
How detention reviews work:
The first review happens within 48 hours of detention. If detention continues, a second review happens within 7 days, and then every 30 days after that for as long as detention continues.
Legal Grounds
Why Someone Might Be Detained
CBSA can detain someone under immigration law for reasons including:
Identity Unconfirmed
CBSA hasn't been able to verify who the person is using the documents or information available.
Flight Risk
The officer believes the person is unlikely to appear for an immigration proceeding, examination, admissibility hearing, or removal.
Danger to Public
The officer believes the person poses a danger to the security of Canada or the Canadian public.
Won't Cooperate with Removal
CBSA believes they won't cooperate with the removal process.
Immigration Division Hearing
What Happens at a Detention Review
A detention review is a hearing where an independent decision-maker looks at whether detention should continue.
Independent Decision-Maker
A member of the Immigration Division decides whether the person should be released or stay in detention.
Evidence and Options for Release
Both CBSA and the detained person (or their representative) present information, and we can suggest options like a bond or a designated responsible person.
Witnesses and Bond Holders
A family member or friend willing to act as a bond holder may speak about their ability to support and supervise the person if released.
Later Reviews
If release isn't granted at the first review, later reviews happen (7 days, then every 30 days), where new information or a stronger release plan can be presented.
Step-by-Step Representation
How We Can Help
Our licensed RCIC-IRB team provides structured, prompt, and experienced advocacy across the entire detention timeline.
1
Urgent case review
We quickly review the situation, why the person was detained, and their immigration history.
2
Preparing for the review
We gather supporting documents, identify possible bond holders, and put together a release plan.
3
Representation at the hearing
We represent the detained person at their detention review before the Immigration Division.
4
Ongoing reviews
If detention continues, we keep representing the person at each following review, bringing new evidence where we can.
5
Explaining next steps
We explain any release conditions and how they connect to other immigration matters, like a removal order.
Comprehensive Service
What's Included
When you retain PLI Canada for detention review representation, our complete scope includes:
Review of CBSA's documents and detention notes
Help identifying and preparing possible bond holders
Putting together a plan for alternatives to detention
Guidance on reporting conditions and next steps
Transparent Retainer & Pricing
Every detention case begins with an urgent case evaluation so you know all procedural options and costs up front.
Urgent Response
Family Member Detained by CBSA?
Time is critical. The first detention review must take place within 48 hours of arrest. Early preparation and a well-structured release plan significantly improve the chances of release.
Why Clients Choose PLI Canada
Licensed RCIC-IRB
Fully authorized to represent clients before the Immigration and Refugee Board.
Rapid Response
We understand the urgency of detention cases and act immediately.
Structured Release Plans
We focus on building credible, practical alternatives to detention that satisfy the member.
Compassionate Guidance
Clear communication during an extremely stressful time for families.
Transparent Pricing
Fair, clear fees with no surprise costs.
Questions & Answers
Frequently Asked Questions
How quickly must the first detention review take place?
The Immigration Division must hold the first detention review within 48 hours of arrest or as soon as possible after that. If detention continues, subsequent reviews take place within 7 days, and then every 30 days.
Can a family member act as a bondsperson?
Yes. A Canadian citizen or permanent resident who is over 18, financially capable, and in regular contact with the detainee may be proposed as a bondsperson. The decision-maker will assess whether the proposed person can influence and supervise the detainee effectively.
What happens if release is denied at the 48-hour review?
If the member orders continued detention, a second review is automatically scheduled within 7 days. During that time, we work to address the reasons detention was maintained and strengthen the release plan with additional evidence or a new bondsperson.
Can PLI Canada represent someone detained anywhere in Canada?
Yes. Immigration Division detention reviews are federal proceedings and are conducted virtually or in person. We can represent clients detained in CBSA facilities or provincial correctional centres across Canada.
If your family member has also received a removal order, see our guide on Removal Order Appeals.