Why the CBSA detains people
Under IRPA, an officer may detain a permanent resident or foreign national, and the Immigration Division will order continued detention, only if one of the grounds in section 58 is made out. In practice the grounds are:
- Flight risk: the person is unlikely to appear for an examination, admissibility hearing or removal.
- Danger to the public.
- Identity: for a foreign national, identity has not been established and the Minister is making reasonable efforts to establish it.
- Investigation: the Minister is taking steps to inquire into a suspected inadmissibility on grounds of security, human or international rights violations, serious criminality, criminality or organized criminality.
At a port of entry, an officer can also detain where it is necessary to complete an examination.
The review schedule
- Within 48 hoursThe Immigration Division holds the first review within 48 hours of detention, or without delay afterwards. Section 57 of IRPA requires it.
- Within 7 daysIf the person is not released, a second review must be held within the next seven days.
- At least every 30 daysFurther reviews continue at least once every 30 days for as long as detention lasts. A review can be held sooner if new facts arise.
People designated as “designated foreign nationals” after an irregular group arrival follow a different schedule. We will tell you if that applies.
What the member weighs
The Minister’s representative must show there are grounds for detention. The member then decides whether release is appropriate, considering the factors in the Immigration and Refugee Protection Regulations (sections 244 to 248):
- the reason for detention;
- how long the person has already been detained, and how long detention is likely to continue;
- any unexplained delays or lack of diligence by either side;
- whether there are alternatives to detention; and
- for children, their best interests. Minors are to be detained only as a last resort.
The longer detention continues, the stronger the case for release becomes, especially where removal is not reasonably foreseeable.
Alternatives to detention and release plans
Members release people when they are satisfied the risk can be managed. A strong release plan usually includes:
- A bondsperson: a Canadian citizen or permanent resident who knows the detained person, can post a cash deposit or sign a guarantee, and is prepared to make sure conditions are followed. The member will question them at the hearing.
- A fixed address where the person will live.
- Reporting conditions, such as regular reporting to the CBSA, in person or through a check-in program.
- Community supervision, where an organization agrees to supervise the person.
- Cooperation with identity or travel documents, where that is the concern.
If your family member has just been detained
- Write down the basicsFull name, date of birth, any client ID or UCI number, where the person is being held, and why the CBSA says they were detained.
- Find a bondspersonThink about who is stable, has status in Canada, and could afford a deposit if needed. They should be available to attend the hearing.
- Gather documentsIdentity documents, proof of address, and letters of support. Collect any documents explaining past missed appointments or charges.
- Call counsel immediatelyWe can often appear at the first review. Call or WhatsApp 416-900-3738.
How ATWORLD IMMIGRATION helps
We represent detained people at every review before the Immigration Division. We prepare bondspersons for questioning and build release plans the member can accept. Where detention is linked to an admissibility hearing or removal, we deal with those proceedings too.
Last reviewed November 2026. This page is general information, not legal advice. Immigration law and IRB procedure change often; we confirm the current rules for your file at your consultation.