According to the Canadian Immigration and Refugee Protection Act, a person who is not a citizen of Canada, can be detained by a CBSA hearing officer during the following three situations. These are –
Here are some of the possible detention review hearing Canada grounds based on which the Board can determine whether a person will be able to enter the country or not. Read them to understand.
Arrest Review Hearing Canada
The CBSA officer will be issuing a warrant for the detention and arrest of a foreign national or permanent resident if they find a convict to be –
A possibility of danger to the public
A CBSA officer can detain a permanent resident or a foreign national at a port of entry if they –
Find valid reasons to believe that a person is inadmissible due to international rights, national security, human violation, or criminality issues.
If it necessary for a person to complete an exam.
An officer can offer release of an individual if they find better grounds of detention.
Removal Review Hearing Canada
It is essential to follow strict laws of removal in order to maintain the integrity of the program and to ensure continued fairness for those who are entering the country lawfully.
The decision-maker will be hearing the review issues in accordance to the tribunal process of the IRB. It is an adversarial process. There will be two parties present at the hearing – the convict and the CBSA Ministers’ Counsel. The person may be also be given a chance to appeal his or her case to the Immigration Appeal Division of the IRB.
- If an individual is attempting to enter Canada
- If an individual is already in Canada
- If an individual is in Canada during an immigration inquiry
Here are some of the possible detention review hearing Canada grounds based on which the Board can determine whether a person will be able to enter the country or not. Read them to understand.
Arrest Review Hearing Canada
The CBSA officer will be issuing a warrant for the detention and arrest of a foreign national or permanent resident if they find a convict to be –
A possibility of danger to the public
- Is unable to give any satisfaction identity proof to the CBSA hearing officer
- Is unable to appear for an admissibility hearing, examination, proceeding or a removal hearing
- Is a part of an irregular arrival time as was designated by the Ministry of Emergency Preparedness and Public Safety
- The right to legal representation
- A valid reason for arrest
- The right to notify a government representative about the arrest
A CBSA officer can detain a permanent resident or a foreign national at a port of entry if they –
Find valid reasons to believe that a person is inadmissible due to international rights, national security, human violation, or criminality issues.
If it necessary for a person to complete an exam.
An officer can offer release of an individual if they find better grounds of detention.
Removal Review Hearing Canada
It is essential to follow strict laws of removal in order to maintain the integrity of the program and to ensure continued fairness for those who are entering the country lawfully.
The decision-maker will be hearing the review issues in accordance to the tribunal process of the IRB. It is an adversarial process. There will be two parties present at the hearing – the convict and the CBSA Ministers’ Counsel. The person may be also be given a chance to appeal his or her case to the Immigration Appeal Division of the IRB.
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