The 7-day detention review is a part of the process for individuals detained by the Canada Border Services Agency (CBSA) due to immigration issues in Canada.
After an individual has been detained for immigration reasons, the Immigration and Refugee Board (IRB) of Canada mandates a series of Detention Review Hearings to ensure due process is observed. These hearings aim to determine whether there’s a legitimate reason to continue the detention or if the individual can be released.
The first hearing is conducted within 48 hours of the individual’s detention. If the outcome of this hearing upholds the detention, a second hearing—known as the 7-day detention review—is conducted seven days after the initial hearing.
During this 7-day review, similar to the initial hearing, the detained individual or their representative presents their case for release, responding to the concerns that led to detention in the first place. The representative of the CBSA also presents their case, explaining why they believe continued detention is necessary. The decision-maker from the IRB then decides whether the detainee should continue to be held or be released.
The 7-day review, like all detention reviews, is an integral part of ensuring the rights and freedoms of individuals detained under the immigration laws. It serves to re-evaluate the circumstances of the detainee, providing another opportunity for release if the reasons for detention no longer apply or can be appropriately addressed.
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