Detention at the Canadian border by the Canada Border Services Agency (CBSA) may occur due to lack of proper documents, identity concerns, or flight risk. However, legal remedies exist to challenge or review the detention.
Available remedies in case of border detention:
- Detention review hearing: Within 48 hours of arrest, the Immigration and Refugee Board (IRB) must hold a hearing to assess the validity of the detention.
- Ongoing reviews: If detention continues, further hearings occur every 7 days, then every 30 days.
- Request for release: You may present alternatives to detention, such as a guarantor, financial bond, or stable address.
- Judicial remedies: If the detention is deemed excessive or unlawful, you can seek redress in Federal Court.
- Legal representation: Being assisted by an immigration lawyer greatly increases the chances of a safe and timely release.
Detention should be handled with urgency. For reliable support, contact our Immigration Lawyers in Montreal at Brunel Immigration.