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Services
Apply for Release from Immigration Detention
What is the detention and review process?
The detention process in Canada under the Immigration and Refugee Protection Act (IRPA) is a measure to ensure compliance with immigration regulations. Detention is used when an individual poses a security risk, their identity needs to be verified, or there is a concern they may not comply with immigration procedures. This process is regulated to balance national security with individual rights.
A person can be detained if:
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Risk of flight: There is suspicion that the individual will not attend future hearings or deportation proceedings.
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Unverified identity: The person arrives without proper documentation or has provided false information.
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Risk to public safety: If the individual has committed serious crimes or poses a danger to national security.
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Inadmissibility due to criminality: Individuals involved in human rights violations or serious criminal activities.
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Inability to supervise: If it is not possible to manage their release under reasonable conditions.
What happens during the detention review?
After detention, the case is periodically reviewed by the Immigration and Refugee Board of Canada (IRB) to ensure that the detention is necessary. The process includes:
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48 hours: The first review takes place within the first 48 hours or as soon as possible.
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7 days: If not released during the first review, a second evaluation is conducted within the following 7 days.
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30 days: Monthly reviews to assess if the detention is still necessary.
What is required during the process?
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Rights of the detainee: The detainee has the right to know the reasons for their detention, to be represented by a lawyer, and to receive periodic reviews of their case.
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Alternatives to detention: In many cases, alternatives such as release under conditions or a supervision program can be offered to minimize the detention time, especially in cases of vulnerability.
How can AMA LEGAL assist you with the process?
At AMA LEGAL IMMIGRATION & LEGAL SERVICES, our experts provide:
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Legal representation in detention and review hearings.
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Personalized advice on alternatives to detention, facilitating release under conditions or supervision programs.
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Preparation of legal documentation and defense before the IRB to protect our clients' rights.
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Assistance in inadmissibility cases, ensuring a fair and swift process.
Want to know if your case is applicable?
Every case is different, your country, age, experience and many distinct variables may affect your applicability. Here at AMA Legal and Immigration we assist you with your story and try to find the best solution for your migration here to Canada.
