Detention
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Hearings

Foreign nationals may be inadmissible to Canada for various reasons even if they hold a visa or have obtained permanent residence. The most common ground for inadmissibility is on Criminality grounds, where the foreign national has been convicted of a crime either inside or outside of Canada.

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In some case the immigration authorities will detain a foreign national and hold them in prison pending their potential removal from Canada, or pending some other immigration process.  Immigration detention is considered to be an exceptional measure, and the Immigration Division of the Immigration and Refugee Board will regularly hold hearings known as detention reviews to decide if someone who is detained should be released from detention.  Once a person is detained, the first detention review will be held after 48 hours, then if the person is not released, another hearing will be held after 7 days, then every 30 days thereafter.  The Immigration Division will release persons from immigration detention unless it is established by the immigration authorities that the person is a danger to the public, a flight risk, or their identity has not been established, among other grounds.  Persons subject to a detention review have the right to counsel to represent them at the hearing, and to submit evidence, lead testimony, and make submissions on their behalf.  In addition to being legally represented, having a bondsperson willing to post bail on the detained person’s behalf is usually of assistance in securing release from immigration detention.

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