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Immigration Detention Reviews
Liberty is a fundamental right. When CBSA detains a foreign national or permanent resident, the Immigration Division must review the detention and our lawyers fight for your release.
Detention ReviewsRelease OrdersAlternatives to DetentionFlight RiskDanger to Public
Defending the liberty of immigration detainees through vigorous and principled advocacy.
Detention Review Outcomes
4hr
Emergency Availability
48hr
First Review Deadline
Quick Answer
Why was I detained by immigration?
CBSA may detain a person on three grounds under IRPA: you are considered a danger to the public, you are considered unlikely to appear for immigration proceedings or removal (flight risk), or your identity has not been satisfactorily established. The specific reason for your detention will be set out in the detention order and explained at your first detention review hearing.
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Your Legal Team
Lawyers and Regulated Canadian Immigration Consultants (CICC)
Work permits, permanent residence, sponsorship, refugee claims and appeals
DETENTION FRAMEWORK
Immigration Detention Under IRPA
Under sections 54 to 61 of the Immigration and Refugee Protection Act (IRPA), a foreign national or permanent resident may be detained by the Canada Border Services Agency (CBSA) on three grounds: the person is a danger to the public (section 55(2)(a)); the person is unlikely to appear for immigration proceedings or removal (flight risk) (section 55(2)(b)); or the person's identity has not been established (section 55(2)(c)). CBSA officers may also detain a person at a port of entry for examination under section 55(1).
The Supreme Court of Canada in Charkaoui v. Canada (Citizenship and Immigration), 2007 SCC 9, affirmed that immigration detention engages the right to liberty under section 7 of the Canadian Charter of Rights and Freedoms and must be subject to meaningful review. Indefinite detention without meaningful review violates the principles of fundamental justice. This decision reinforced the importance of robust detention reviews and periodic reassessment of the grounds for continued detention.
Our lawyers attend detention review hearings at Immigration Division offices across Ontario, including the Immigration Holding Centre in Laval and the Toronto Immigration Holding Centre. We prepare comprehensive release plans that address the specific ground of detention, propose suitable bondspersons, identify community supervision programs, and present evidence of ties to the community.
DETENTION REVIEW HEARINGS
The Review Process and Your Rights
Section 57 of IRPA mandates an escalating schedule of detention reviews before the Immigration Division (ID). The first review must occur within 48 hours of detention. If detention is continued, a second review must occur within the following 7 days. Thereafter, reviews are held every 30 days for as long as the person remains detained. At each review, the Minister bears the burden of establishing that continued detention is justified.
Under section 248 of the Immigration and Refugee Protection Regulations (IRPR), the ID member must consider several factors in deciding whether to order release, including: the reason for detention; the length of time in detention; whether there are alternatives to detention that would be adequate; whether the person is cooperating with CBSA; the anticipated length of continued detention; and whether the detention is of an unreasonable length. The Federal Court has held that the longer detention continues, the stronger the justification required, as articulated in Canada (Minister of Citizenship and Immigration) v. Li, 2009 FCA 85.
Our representation at detention reviews includes cross-examining CBSA hearings officers, presenting evidence from bondspersons and community members, submitting psychological and medical evidence regarding the impact of detention, and making detailed submissions on alternatives to detention. We challenge the factual basis for detention and demonstrate that release on conditions adequately addresses any identified risk.
ALTERNATIVES TO DETENTION
Community Supervision and Release Conditions
Canadian immigration law recognizes that detention should be a measure of last resort. Section 58(1)(a) of IRPA provides that the ID shall order release unless it is satisfied that continued detention is necessary because the prescribed factors justify detention and there are no reasonable alternatives. The CBSA's own national directive on detention, ENF 20: Detention, emphasizes the use of alternatives to detention wherever possible.
Our lawyers develop robust release plans that include: cash deposits or performance bonds (with bondspersons who can demonstrate the ability to supervise compliance); reporting conditions to CBSA; residence at a specified address; participation in community supervision programs such as the Toronto Bail Program; electronic monitoring where appropriate; and surrender of travel documents. We work with community organizations, shelters, and settlement agencies to identify appropriate placements for detainees who lack housing.
For particularly vulnerable detainees, including those with mental health conditions, minors, and persons who have been detained for prolonged periods, we make Charter arguments under sections 7, 9, and 12 of the Canadian Charter of Rights and Freedoms. The Federal Court in Chaudhary v. Canada (Minister of Public Safety and Emergency Preparedness), 2015 FC 1072, recognized that immigration detention may become unconstitutional if it extends for an unreasonable period without a realistic prospect of removal, and we rely on this jurisprudence to advocate for release in prolonged detention cases.
CASE SPOTLIGHT
Recent Victory: Mîra v. Canada
Mîra v. Canada (Citizenship and Immigration), 2026 FC 603 In this Federal Court judicial review, Jia Junaid of Lexaltico LLP successfully challenged the Refugee Appeal Division’s decision to exclude the applicants from refugee protection under Article 1F(b) of the Refugee Convention.
Justice McHaffie found the RAD’s decision unreasonable on two grounds: the RAD improperly excluded new evidence about corruption within Romania’s National Anticorruption Directorate (DNA), and the RAD’s exclusion analysis relied on foreign convictions without meaningfully grappling with the applicants’ credible evidence that the charges were politically fabricated.
The application for judicial review was allowed. The Federal Court set aside the decision and remitted the appeal to a differently constituted panel, which is the relief sought on judicial review: the exclusion finding no longer stands and the appeal is heard afresh.
Article 1F(b) exclusions are hard to displace, and harder still where the conviction comes from a European Union member state with a functioning court system. The argument required persuading the Court that evidence of corruption inside the prosecuting authority was relevant and had been wrongly shut out, and that a conviction from such a state could not simply be taken at face value.
What made the exclusion unusual. The Minister raised Article 1F(b) in 2020 and then withdrew that intervention in October 2023 after reviewing the evidence. The Refugee Protection Division found our client generally credible and not excluded. The Refugee Appeal Division then raised exclusion on its own motion and excluded her, without the Minister intervening. The finding under review was one the Minister had already abandoned.
On the exclusion itself, the Division reasoned that a conviction from Romania could be relied on because it is a country where the rule of law prevails, citing Arevalo Pineda for that proposition but not the passages of the same decision requiring an objective assessment of the claimant’s own evidence and satisfaction that the issuing authority itself respects the rule of law. The Court held that reliance on authority stripped of its qualifying context does not meet the standard, and observed that no assessment of the issuing authority was ever carried out. Read the full decision on CanLII.
This result demonstrates Lexaltico’s commitment to thorough preparation, evidence-driven advocacy, and holding administrative decision-makers to the standard of reasonableness the law requires.
Key Details
CaseMîra v. Canada
Citation2026 FC 603
CourtFederal Court of Canada
JudgeJustice McHaffie
CounselJia Junaid, Lexaltico LLP
ResultJudicial review allowed, exclusion set aside
CBSA may detain a person on three grounds under IRPA: you are considered a danger to the public, you are considered unlikely to appear for immigration proceedings or removal (flight risk), or your identity has not been satisfactorily established. The specific reason for your detention will be set out in the detention order and explained at your first detention review hearing.
When is my first detention review?
Under section 57 of IRPA, your first detention review before the Immigration Division must take place within 48 hours of being detained. A second review follows within 7 days, and subsequent reviews occur every 30 days. You have the right to be represented by a lawyer at every review, and Legal Aid Ontario may provide coverage for detention review hearings.
What are alternatives to detention?
Alternatives to detention include release on a cash deposit or performance bond with a bondsperson, reporting conditions to CBSA, residing at a specified address, participation in a community supervision program such as the Toronto Bail Program, electronic monitoring, and surrender of travel documents. The ID must consider whether alternatives to detention adequately address the grounds for detention before ordering continued detention.
What is a bondsperson and how do they help?
A bondsperson is a person who agrees to supervise you in the community if you are released from detention and who may post a cash deposit or sign a guarantee (performance bond) to ensure your compliance with release conditions. The bondsperson must demonstrate knowledge of your situation, the ability to supervise you, and the financial capacity to forfeit the bond if you fail to comply. Family members and close friends commonly serve as bondspersons.
Can children be detained by immigration?
IRPA provides that the detention of a minor shall be a measure of last resort, with the best interests of the child as a primary consideration under section 60 of IRPA. In practice, CBSA should not detain minors unless no alternatives exist. If a parent is detained and the child has no other caregiver, the child may be housed with the parent. Our lawyers make strong submissions against the detention of minors and advocate for family-friendly alternatives.
Can I challenge my detention in Federal Court?
Yes. If the Immigration Division orders your continued detention, that decision may be judicially reviewed by the Federal Court. You may also bring a habeas corpus application in a provincial superior court to challenge the lawfulness of your detention. The Federal Court in Chaudhary recognized that prolonged immigration detention without a realistic prospect of removal may violate the Charter, providing an additional basis for challenging continued detention.
How long can I be detained for immigration purposes?
Canadian law does not impose a fixed maximum period for immigration detention. However, the longer detention continues, the greater the burden on the Minister to justify it. The Immigration Division must consider the length of detention at every review, and the Federal Court has recognized that detention may become unconstitutional if it becomes unreasonably prolonged. Our lawyers track detention duration carefully and bring escalating arguments at each successive review.
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Representative Outcomes
Cases We Have Handled
Immigration · 2026
Refugee exclusion set aside on judicial review
Mîra v Canada (Citizenship and Immigration), 2026 FC 603Federal Court · Mr. Justice McHaffie · 6 May 2026 · Docket IMM-21730-24 Our client is a Romanian expert accountant. She says she was prosecuted and convicted in her absence on corruption charges after…
Mîra v Canada (Citizenship and Immigration), 2026 FC 603 Federal Court · Mr. Justice McHaffie · 6 May 2026 · Docket IMM-21730-24
Our client is a Romanian expert accountant. She says she was prosecuted and convicted in her absence on corruption charges after refusing to alter her expert reports to suit prosecutors at Romania’s National Anticorruption Directorate. She and her partner claimed refugee protection in Canada in 2018.
How the exclusion arose
The Minister raised exclusion under Article 1F(b) in 2020, then withdrew that intervention in October 2023 after reviewing the evidence. The Refugee Protection Division went on to find our client generally credible and not excluded.
On appeal the Refugee Appeal Division raised exclusion on its own motion, gave notice, and excluded her. The Minister did not intervene. So the finding under review was one the Minister had already abandoned.
What the Court held
The application for judicial review was allowed and the decision set aside for both applicants, on two grounds.
The new evidence. The Division refused fresh evidence of corruption inside the prosecuting authority as irrelevant. The Court found it had mischaracterised the argument and had not engaged with the material at all, which included reporting that linked the prosecutor in our client’s case to indicted officials said to hold influence over prosecutors.
The exclusion finding. The Division reasoned that because Romania is a country where the rule of law prevails, a charge and conviction could be relied on. It cited Arevalo Pineda for that, but not the passages of the same decision requiring an objective assessment of all the claimant’s evidence and satisfaction that the issuing authority itself respects the rule of law. The Court held that reliance on jurisprudence stripped of its qualifying context does not meet the standard, and noted that no assessment of the issuing authority was ever carried out.
On the authority of Qazi, where a claimant alleges the charges are fabricated and has been found credible, the existence of a warrant alone is not enough. The Division had to go further and did not.
Why it was hard
Displacing an Article 1F(b) exclusion is difficult, and considerably harder when the conviction comes from a European Union member state. The presumption that a charge from such a state can be taken at face value is precisely what had to be dislodged, and it was dislodged on the record rather than on assertion.
Outcome
Judicial review allowed. The decision was set aside for both applicants and the appeal remitted to a differently constituted panel. That is the relief sought on a judicial review: the exclusion finding no longer stands and the appeal is heard again before a fresh panel.
“I had the absolute pleasure of working separately with two lawyers from Lexaltico — Pooja Lassi and Matthew Ram — on different matters. The level of professionalism, expertise, and care demonstrated by each of them was consistently exceptional. They do not simply service your needs — they take the time to thoroughly understand your situation and proactively problem-solve.”
SJR
★★★★★
“I had the absolute pleasure of working separately with two lawyers from Lexaltico — Pooja Lassi and Matthew Ram — on different matters. The level of professionalism, expertise, and care demonstrated by each of them was consistently exceptional. They do not simply service your needs — they take the time to thoroughly understand your situation and proactively problem-solve.”
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How Lexaltico LLP handles personal information, under PIPEDA and Ontario law.
What we collect
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Every limit on what this website tells you, and every thing it does not do, in one
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Four limits, and they matter in this order.
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Who we are and how we are regulated
Law Society of Ontario
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Law Society of Alberta
Alberta matters are handled by lawyers licensed with, and in good standing with, the
Law Society of Alberta. A lawyer licensed in Ontario is not thereby licensed in
Alberta, and the reverse is also true.
Immigration regulation
Immigration consulting is provided by Regulated Canadian Immigration Consultants
in good standing with the College of Immigration and Citizenship Consultants under the
College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29,
s. 292.
Lawyers, paralegals and consultants
Not everyone at the firm is a lawyer.
Licensed paralegals in Ontario may act only within the scope the Law Society
permits, which does not include most family, estate or criminal matters.
Immigration consultants are regulated by the College, not by a law society,
and are not lawyers.
Law clerks and managers support files but do not give legal advice.
Each page and biography states which applies. Ask at the outset who will handle your matter and
under which licence.
Languages
We serve clients in thirteen languages. Every page of this website is written and published in
English. Where anything is provided in another language, the English
version governs in the event of a difference. If you need an interpreter, tell us when
you book and we will arrange one.
Fees
The initial assessment
The complimentary 15 minute initial assessment is a brief introductory
conversation. It does not include a review of your documents and does not constitute
legal advice.
The firm charges a fee for substantive consultations, including in civil litigation,
criminal defence and immigration matters. The firm may waive that fee at its discretion.
Any fee is disclosed in advance and credited in full toward your account if you retain the
firm.
Referral fees
Where we refer a matter to another firm, including through LexKonnect, we comply with Rule 3.6-6.1 of the Law Society of Ontario’s Rules of Professional Conduct. Any referral fee is set out in the Law Society’s standard referral agreement, signed by you before the referral proceeds, and no fee is payable to us unless and until the receiving firm has been paid for its work. You are never obliged to accept a referral and are free to retain any firm you choose. No referral arrangement affects the independent professional judgment of any lawyer at this firm.
What is published on this site
Calculators and estimators
They produce estimates from what you type and cannot know the rest. They do not
account for the terms of your contract, statutory exceptions, or the discretion a court will
apply. Do not make a decision on a number produced by a calculator.
Past results
Any outcome described happened on its own facts, before its own decision maker,
under the law as it stood at the time. Past results do not predict or guarantee the result of any
other case.
Reviews and testimonials
Reviews shown here are written by third parties and published on platforms we do not control. Each
describes one person’s experience of one matter. They are not a promise, a
prediction or a guarantee about any other matter.
Links to other websites
This site links to regulators, courts, government sources, professional associations and social
platforms, all operated by others. We do not control them, we are not responsible for
their content or accuracy, and a link is not an endorsement.
Other notices
Limitation periods
Failure to start a proceeding within the applicable limitation period may permanently bar
your claim. In Ontario the general period is two years from discovery
under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B.
Shorter periods apply to many claims. Seek advice promptly. Nothing on this website extends a
limitation period.
Accessibility
We aim to meet the Accessibility for Ontarians with Disabilities Act
and WCAG 2.1 Level AA. If any part of this site prevents you from reaching us, telephone
+1 416 333 6200 or write to
hello@lexaltico.com and we will provide the information
in another format, at no charge.
