Immigration bond
Statutory definition
IRPA s 56 provides that an officer may release a person from detention on conditions including the provision of a deposit or guarantee. IRPR ss 247–251 set out the requirements for bonds, including that the bond must be paid to the Receiver General of Canada and forfeited if the conditions of release are breached. Bonds are cash or equivalent (cashier's cheque); guarantors may provide surety bonds (pledging property or other assets).
Explanation
The immigration bond is the financial security component of conditional release from immigration detention. The amount is set by the Immigration Division at the detention review and reflects the assessed flight risk — higher risk commands a higher bond. A bondsperson (often a friend or family member) pledges the amount and assumes responsibility for ensuring the released person complies with conditions. If the released person absconds, the bondsperson loses the pledged amount. Practitioners advising detained clients should identify potential bondspersons who understand their obligations.