Detention Review Canada

You have 30 days to appeal a decision made inside Canada (like a removal order) and 60 days to appeal a family sponsorship refusal from outside Canada. These deadlines are strictly enforced. 

If you miss the deadline, you lose your right to appeal to the IAD. You may have very limited options, such as applying for Judicial Review at the Federal Court, but the original decision will likely stand. 

If you appeal a removal order from within Canada, the order is “stayed” or put on hold, meaning you can remain in Canada until the IAD makes a final decision on your appeal. 

Success depends entirely on the facts of your case, the strength of your evidence, and the quality of your legal arguments. Having an experienced legal representative significantly improves your chances. 

The process can take a long time, often from 12 to 24 months or more from filing the appeal to receiving a final decision. 

Yes, but not automatically. If the IAD dismisses your appeal, you cannot appeal to another body. Your only option is to apply for “leave” (permission) to have the case reviewed by the Federal Court of Canada. The Court will only hear cases where it believes the IAD may have made a legal error. 

While you can represent yourself, it is highly discouraged. The IAD process is a formal legal proceeding. The government will have a lawyer, and you will be expected to follow complex rules of evidence and procedure. An accredited consultant or lawyer is essential for a fair fight. 

You must file your appeal with the Immigration Appeal Division (IAD) within 30 days of receiving the removal order. This is a strict deadline. 

Yes. When you file an appeal, the removal order is “stayed” or put on hold. This means you can legally remain in Canada until the IAD makes a final decision. 

If the IAD dismisses your appeal, the removal order becomes enforceable, and the CBSA will make arrangements for your removal from Canada. Your only remaining option is to seek permission from the Federal Court to review the IAD’s decision. 

It depends on the seriousness of the crime. You cannot appeal if you were sentenced to six months or more of imprisonment in Canada. For less serious criminality, an appeal is often possible. 

The process can be lengthy, often taking between 12 and 24 months from the time you file the appeal until a final hearing is held and a decision is made. 

Success depends entirely on the specific facts of your case, the reason for the removal order, the strength of your humanitarian and compassionate arguments, and the quality of your legal representation. 

While not legally mandatory, it is highly recommended. A removal order appeal is a formal legal proceeding. The government will have a lawyer arguing against you. An accredited immigration consultant or lawyer is essential to ensure you have a fair chance to present your case effectively. 

You must file your appeal with the IAD within 30 days of receiving the sponsorship refusal letter. This deadline is strictly enforced. 

A sponsorship appeal is for family members who applied from outside Canada. Therefore, the sponsored person usually remains in their home country during the appeal process. 

If the IAD dismisses your appeal, the refusal is final. Your only remaining option is to ask the Federal Court of Canada for permission to review the IAD’s decision, which is only granted if a legal error may have occurred. Otherwise, you may have to wait until circumstances change to reapply. 

Generally, no. A finding of misrepresentation removes the right of appeal to the IAD. You would have to challenge the decision at the Federal Court. 

The process can be long, often taking 12 to 24 months from filing the appeal to getting a final decision from the IAD. 

Success depends heavily on the reasons for the refusal and the quality of new evidence you can provide. Cases involving doubts about a relationship’s genuineness can often be won with strong, credible evidence and testimony.
 

While you can represent yourself, it is strongly discouraged. Sponsorship appeals are formal legal hearings with complex rules. The government’s lawyer will argue against you. An accredited immigration consultant or lawyer is essential to give you a fair chance at success. 

If you are inside Canada when you receive the decision (such as a departure order at the border), you have 30 days to file. If you are outside Canada and your Permanent Resident Travel Document (PRTD) is refused, you have 60 days to file your appeal with the IAD. 

If you were physically in Canada when you filed the appeal, you can remain in the country until the IAD makes a final decision. If you were outside Canada, you may be able to apply for a special PRTD to return for your hearing, especially if you have been physically present in Canada at least once in the past year. 

If the IAD dismisses your appeal, you will officially lose your permanent resident status. If you are in Canada, a removal order will be issued, and you must leave the country. Your only remaining option would be to apply to the Federal Court for a judicial review of the IAD’s decision. 

Yes. Humanitarian and compassionate (H&C) grounds are often the strongest part of a residency appeal. The IAD will consider the reasons you left Canada, your family ties in Canada, the hardship you would face if you lost your status, and the best interests of any children involved. 

The timeline varies, but an appeal to the IAD can take anywhere from 12 to 24 months from the date you file the Notice of Appeal to the date of your final hearing. 

Success depends heavily on the specific facts of your case, the reasons for your absence from Canada, the strength of your H&C factors, and the quality of your legal representation. A well-prepared case with strong evidence significantly increases your chances. 

While you have the right to represent yourself, it is highly discouraged. The IAD appeal is a formal legal proceeding where a government lawyer will actively argue against you. Using an accredited immigration consultant or lawyer ensures your case is presented accurately, effectively, and in compliance with the law. 

There is no set limit on the length of immigration detention in Canada. Detention must be reviewed at regular intervals (48 hours, 7 days, then every 30 days), and if there are no longer legal grounds for detention, the person must be released. 

If the ID Member orders your continued detention, you will remain in custody until your next review hearing (either in 7 or 30 days). Your representative can use that time to gather more evidence for the next hearing. 

Yes. A key part of a detention review is presenting a “release plan.” This often includes proposing conditions such as a cash deposit (bond), a guarantee from a Canadian citizen or permanent resident (a bondsperson), and requirements to report to the CBSA. 

Evidence should counter the reason for detention. This can include identity documents, proof of ties to Canada (family, property), a stable address for your release, and character references. A bondsperson’s testimony is also critical evidence. 

Yes, detention review hearings are generally open to the public. Family members can attend to show support. They can also act as witnesses or bondspersons, in which case they would give testimony. 

Each hearing is relatively short, often lasting from one to a few hours. The overall process of reviews continues as long as the person is detained. 

While you can represent yourself, it is extremely difficult and highly discouraged. The process is fast, the legal issues are complex, and the CBSA will have a representative arguing to keep you detained. An accredited immigration consultant or lawyer is essential for a fair chance at release. 

A full hearing is a formal, court-like proceeding with witness testimony, cross-examination, and a formal ruling by an IAD Member. ADR is an informal, collaborative meeting focused on discussing new evidence to reach a mutual agreement without a formal trial. 

The Immigration Appeal Division (IAD) reviews appeal files and proactively selects cases that appear suitable for ADR. However, your legal representative can also request that the IAD consider your case for the ADR process. 

If you and the Minister’s Counsel cannot reach an agreement during the ADR session, your case is not dismissed. It will simply be placed back in the queue to be scheduled for a regular, full hearing before the IAD. 

Yes, and it is highly recommended. Having an accredited immigration consultant or lawyer represent you ensures your evidence is presented clearly and your legal rights are protected during negotiations with the government’s counsel. 

The actual ADR session usually lasts about one hour. However, getting scheduled for ADR is much faster than waiting for a full hearing, often taking place months earlier than a standard hearing date.

The chances of success depend entirely on the strength of the new evidence you provide. If you supply clear, credible documents that resolve the original officer’s concerns, the chances of a positive resolution are high. 

No. ADR is a voluntary process. Both the appellant (you) and the respondent (the Minister’s Counsel) must agree to participate. If either side declines, the case proceeds directly to a full hearing.