The Immigration Division (ID) of the Immigration and Refugee Board of Canada is responsible for conducting mandatory reviews of immigration detention. When CBSA detains a foreign national or permanent resident for immigration reasons, that person has the right to have the detention reviewed by an independent member of the ID at prescribed intervals. The ID member may order continued detention or order the person's release, with or without conditions.

Immigration detention is not criminal detention — it is administrative detention under the Immigration and Refugee Protection Act (IRPA). The grounds for detaining a person are set out in IRPA ss 55–58. The ID's role is to act as an independent check on CBSA's decision to detain, ensuring that detention remains justified at each review. The ID processed approximately 9,000 detention reviews in the 2025–2026 fiscal year.

Detention and release are governed by IRPA ss 55–62. Section 55 sets out the grounds on which CBSA may arrest and detain a foreign national or permanent resident. Section 57 requires the ID to review detention at 48 hours, 7 days, and every 30 days thereafter. Section 58 sets out the factors the ID must consider in deciding whether to order release. Section 248 of the IRPA Regulations (SOR/2002-227) specifies additional factors relevant to the detention decision. Chairperson Guideline 2 — Detention — provides interpretive guidance on how ID members should apply these provisions.

Grounds for detention (IRPA s 55):

CBSA may detain a foreign national or permanent resident where an officer has reasonable grounds to believe that the person:

• Is a danger to the public
• Is unlikely to appear for an examination, hearing, removal, or other proceeding under the Act (flight risk)
• Cannot have their identity established and the officer is not satisfied as to identity
• Is a foreign national who has been designated as part of a designated irregular arrival

Review timeline (IRPA s 57):

• First review: Within 48 hours of detention (or as soon as reasonably practicable thereafter)
• Second review: Within 7 days of the first review, if the first review results in continued detention
• Ongoing reviews: At least every 30 days thereafter, for as long as the person remains detained

The hearing process:

Detention reviews are adversarial proceedings. The two parties are:

• The detained person (who may be represented by counsel — legal aid may be available)
• Minister's counsel (CBSA counsel, who argues for continued detention)

The ID member hears evidence and submissions from both parties. The detained person may call witnesses and submit documentary evidence. The ID is not bound by strict rules of evidence and may consider all relevant material.

Possible outcomes:

• Release without conditions: The person is released
• Release with conditions: The person is released subject to conditions imposed by the ID member — for example, reporting regularly to CBSA, residing at a specific address, surrendering a passport, or providing a bondsperson
• Continued detention: The ID orders that detention continue and the next review date is set

Factors considered (IRPA s 58 and Regulation s 248):

In deciding whether to order release, the ID member must consider:

• The reason for detention and whether those grounds still apply
• The length of detention and the anticipated length of continued detention
• Whether the person has complied with previous release conditions
• The availability of alternatives to detention (conditions of release)
• The best interests of any child directly affected
• Whether the person is a minor
• Whether the person is a designated foreign national

There is no limit on how long a person may be detained under immigration law in Canada. Unlike criminal detention, immigration detention has no maximum statutory period. The ID reviews the justification for continued detention at each 30-day review, and the person may be detained indefinitely if the grounds for detention continue to apply — subject to judicial review.

The detained person or Minister's counsel may apply to the Federal Court for judicial review of any detention review decision. Leave from the Federal Court is required. Judicial review does not automatically stay the detention pending the review result.

Alternatives to detention (ATD) — such as electronic monitoring, release on a bond, or placement in a community supervision program — have been increasingly used by CBSA and considered by the ID as alternatives to physical detention where appropriate. Availability of ATD measures is a relevant factor in the ID member's analysis.

For more information, refer to the IRB detention review hearings guidance and Chairperson Guideline 2: Detention.