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Detention and Removal

 

 

Individuals residing in Canada who are not Canadian citizens may be held in detention if they breach immigration rules and regulations; if they break Canadian laws or are otherwise found to be inadmissible, they may be required to leave the country.

 

Detention Review Hearings

 

Foreign nationals or permanent residents of Canada who have breached immigration rules and regulations may be detained in a correctional facility or an immigration detention centre. Upon 48 hours of detention, the individual is entitled to a detention review in front of a member of the Immigration Division of the Immigration and Refugee Board who determines whether a person should remain in detention or be released with or without conditions. If not released, the individual is then entitled to another detention review within seven days, and then once a month thereafter. 

 

Admissibility Hearings

 

An admissibility hearing is conducted by the Immigration Division of the Immigration and Refugee Board to determine whether or not an individual who has breached the immigration laws of Canada is admissible to enter or stay in Canada.  A permanent resident of Canada who is found to be inadmissible has the right to appeal the Board Member's decision to the Immigration Appeal Division. Otherwise, once found to be inadmissible, the individual is required to leave Canada.