Arrest - Detention - Immigration

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Subject: Arrest - Detention - Immigration
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What happens if Immigration or CBSA seek you out for being illegal in Canada? Too many have the wrong concept of what takes place.

Most arrests do not end in detention there is just not enough available spaces to detain everyone.

The vast majority of arrests of course happen at the various airports or ports of entry. When anyone arrives without identification to make a Refugee claim without identity to prove who they are they will be detained until their identity can be verified. You cannot make a claim for refugee status from a certain country if you cannot prove youíre a national of that country. Your relatives/family will have to courier over any official identity documents and they will have to be verified before any release could be considered. Normal CBSA assessment time 7 Ė 10 days.

If you get arrested by Canada Border Services Agency and ordered detained there are three basic grounds for detention.

1. To establish identity,
2. Unlikely to appear for hearing or removal,
3. Danger to the Public.

If you have overstayed or are found working without authorization and are cooperative it is unlikely that you will be detained. Normally you will be released under your own recognisance based on various terms and conditions that you report for further investigation at which time you will be given an exclusion order. Then in about one or two months you will be called in again and offered a Pre Removal Risk Assessment.

If you get detained for any reason your detention will be assessed at a hearing of the Immigration Division within forty eight hours. If no bonds person appears or release order issued your detention will be reviewed in about another seven days. Then once every month your detention will be reviewed unless released.

Most common reasons for ordering detention on someone;
Failed to change or maintain your address with the authorities,
Failed to report for an Interview when called,
Been charged with a criminal offence,


(in reply to: Arrest - Detention - Immigration)
For how long they can keep a person behind the bars, if a person have no idís?
(in reply to: Arrest - Detention - Immigration)
For ever.


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