The immigration law of Canada has empowered the Canada Border Services Agency (CBSA) to detain people who are not allowed to enter or live in Canada. As such, the CBSA can detain Canadian permanent residents and foreigners. There are certain conditions the CBSA will use to detain those individuals. The final decision to detain a person is made only after contemplating all other rational alternatives.
The conditions under which a foreigner or permanent resident can be detained at a port of entry include the following:
- Failure to undergo a necessary examination
- You are believed to pose security risk to Canada and Canadians
- You have a serious criminal background or have remained engaged in organized crimes
- You have violated human rights or international rights
- The CBSA officers have a justifiable conviction that you are someone who is not likely to present himself/herself for the immigration activities, such as examination, removal, hearing etc.
- The CBSA officers have a reasonably strong belief that you are a risk to the public safety
- You fail to prove your identity to the CBSA officers
- The Ministry of Public Safety has profiled you as part of an irregular arrival
- You were found involved in sexual crimes and drug trafficking
- You have a history of inciting or inflicting violence
- You are not ready to cooperate with the Canadian government for matters related to immigration or identity
- You have remained engaged in smuggling or human trafficking
The CBSA officer is legally bound to evaluate the causes for the detention within 48 hours. The CBSA officers may set the detained individual free with or without any conditions, contingent on the situation. If the CBSA maintains the detention, the case will be sent to the Immigration Refugee Board of Canada (IRB) for review. The IRB typically reviews detention cases within 7 days and then every 30 days.
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