Section 57 — Review of detention
Text of provision
(1) Within 48 hours after a permanent resident or a foreign national is taken into detention, or without delay afterward, the Immigration Division must review the reasons for the continued detention.
(2) At least once during the seven days following the review under subsection (1), and at least once during each 30-day period following each previous review, the Immigration Division must review the reasons for the continued detention.
(3) In a review under subsection (1) or (2), an officer shall bring the permanent resident or the foreign national before the Immigration Division or to a place specified by it.
Plain English
Section 57(1) requires the Immigration Division (ID) of the IRB to review the circumstances of detention within 48 hours of an arrest, or as soon as is reasonably practicable. If the person is still detained, the ID reviews again within 7 days. Every 30 days thereafter, the ID must review the detention unless the detained person waives the review.
The Minister bears the burden of justifying continued detention at each review. The detained person may present evidence and make submissions at each review through counsel.
Practical effect
The mandatory 48-hour, 7-day, and 30-day review cycle is a procedural safeguard against indefinite detention. At each review, the ID must independently assess whether the grounds for detention still exist — it is not enough that detention was previously justified. The Federal Court has held that lengthy detention without reasonable prospect of removal can become unjustified. Persons detained indefinitely (particularly where removal is not feasible in the near term) may seek judicial review of continued detention.