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Detention
Reviews are held for individuals who have been detained
by CIC under the Act and who:
- are
the subject of an examination by CIC;
- are
the subject of an admissibility hearing; or
- are
under a removal order.
When
a person is detained, a detention review is held to
determine whether there are sufficient reasons to
continue the detention of the person under the Act.
Detention review hearings generally follow the tribunal
process.
At the request of CIC, a detention review hearing
is conducted within approximately 48 hours of detention.
The member who conducts the hearing may release the
person or order continued detention. In addition,
the release of a person may be subject to certain
conditions, such as the payment of a cash deposit
or the posting of a guarantee for compliance with
the conditions.
If
the member orders continued detention, the person
is again brought before the Immigration Division within
the following seven days for another hearing, and
afterwards if the detention is continued, at least
once each 30-day period. A detained person may request
a review of detention at any time. The detained person
or CIC may apply to the Federal Court for leave for
judicial review of any decision on detention.
How
we can help?
We
can present our clients' case before Immigration Division,
with the objective of releasing the client from detention
as early as possible. We also, advocate our clients
and fight for there right of procedural fairness and
monitor that the rules are respected by concern authorities.
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