Gregory James
Immigration Law Firm
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Immigration Division
The Immigration Division (ID) is a division of the Immigration and Refugee Board of Canada. It has authority over detention reviews and admissibility hearings. Its decisions are made by ID members after a hearing into the matter.
Detention Reviews.
When a person is detained because of breaches of the immigration laws, the ID is required to hold a hearing to see if the detention is legal, and if it is legal if the person can be released on terms and conditions.
Detention reviews are to be held within 48 hours of the detention or as soon after that as possible. In practice they are often held as late as three or four days after the detention, especially if the detention occurs on a Friday or on a weekend. If the detainee is not released at their first detention review, they will be given a second detention review seven days later. After that, unless they are released, detainees get a detention review every 30 days. A detainee can ask that a detention review be held sooner than 30 days if there is a new development that the ID member should be told about.
Detainees will not be released if the ID member believes that they are a danger to the public, that they are unlikely to cooperate with the immigration authorities, or if there are concerns about national security. In most cases the main concern is whether or not the detainee will appear for future immigration processes, including if necessary removal from Canada
The most common way of obtaining a release is by agreeing to abide by certain terms and conditions, and by having a friend or family member post a bond.
Admissibility hearings
The ID also holds hearings in some cases where there are questions about whether or not a person is in Canada legally or is inadmissible.
Canada Border Services officers have the
authority to determine that someone is attempting to enter Canada
illegally, or has remained in Canada
illegally, in simple cases. However,
in more complex cases that decision can only be made by an ID member.
If it is determined that a person is inadmissible, the
decision maker will issue a removal order requiring the person to leave
Canada.
For example,
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If Canada Border Services wants to deport a permanent resident who is accused of breaking Canada’s immigration laws (for example by being convicted of an offence in Canada) the ID will decide if the person should lose their permanent residence status and be ordered removed from Canada.
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If Canada Border Services believes a person seeking to enter Canada has a criminal record or has engaged in criminal activity, and so should not be allowed to enter Canada, the ID will decide if this is true or not.
In some cases, for example where a permanent resident is order removed from Canada, the ID’s decision can be appealed to the Immigration Appeal Division (IAD).
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