The first 48 hours
The person is usually held at an Immigration Holding Centre, such as the one serving the Toronto area, or in some cases another facility. The CBSA notifies the Immigration Division of the IRB, which schedules the first detention review. Hearings are often held by video, with the detained person appearing from the facility.
Before the hearing, try to learn three things: why the CBSA says the person is detained, where they are being held, and their client ID or UCI number. Counsel can usually get this information quickly.
Who is in the hearing
- A member of the Immigration Division, who decides.
- The Minister’s representative (a CBSA hearings officer), who explains why detention should continue.
- The detained person, with an interpreter if needed.
- Counsel for the detained person.
- A proposed bondsperson, who may be questioned.
What the member decides
First, the member decides whether there is a ground for detention: for example, a risk the person will not appear, danger to the public, or identity not established. If there is, the member decides whether release is still appropriate, considering how long detention has lasted and is likely to last, and whether an alternative to detention can manage the risk. At a first review, that alternative is usually the deciding question.
Building a release plan
A release plan answers the Minister’s concern with concrete arrangements. The strongest plans usually include:
- A bondspersonA Canadian citizen or permanent resident who knows the person well, can post a cash deposit or sign a performance bond, and will make sure the person follows every condition. Choose someone stable and credible, not just someone willing.
- A fixed addressWhere the person will live, with a letter from whoever owns or rents the home.
- Conditions that match the concernRegular reporting to the CBSA if appearance is the issue; cooperation with travel documents if identity or removal is the issue; treatment or supervision if there are other risks.
- DocumentsIdentity documents for the person and the bondsperson, the bondsperson’s proof of status and income, and letters of support.
What a bondsperson will be asked
Expect questions such as: How do you know this person? How often do you see them? Do you understand you could lose your deposit if they do not comply? What will you do if they miss a reporting date? Would you report them to the CBSA? Honest, specific answers show the member that the bondsperson is a real safeguard. We prepare bondspersons before the hearing so they know what to expect.
If the person is not released
A second review must be held within seven days, then at least every 30 days. Use that time to strengthen the plan: a better bondsperson, a larger deposit, or a community supervision program. The case for release generally grows the longer detention continues, especially where removal is not imminent.
After release
Every condition matters. Missing a reporting date or changing address without notice can lead to arrest and lost deposits. Keep copies of the release order and calendar every obligation.
If a family member has just been detained, call or WhatsApp 416-900-3738.
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.