Immigration and Refugee Board (18:VII): Difference between revisions
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Immigration and Refugee Board (18:VII) (view source)
Revision as of 02:16, 15 October 2022
, 15 October 2022→1. Detention Reviews
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A person arrested under the IRPA provisions is entitled to a detention review within 48 hours after arrest, or as soon as practicable. If the person is ordered detained, he or she receives another detention review in 7 days, then again in 30 days, then again every 30 days thereafter until he or she is either removed or released. | A person arrested under the IRPA provisions is entitled to a detention review within 48 hours after arrest, or as soon as practicable. If the person is ordered detained, he or she receives another detention review in 7 days, then again in 30 days, then again every 30 days thereafter until he or she is either removed or released. | ||
To keep a person in detention, the onus is on the Minister to prove that there are reasonable grounds to believe that the detainee’s identity cannot be ascertained, and that the detainee is either a danger, or unlikely to appear for his or her detention review hearing (see IRPA, s 55 and ''IRP Regulations'' 244 to 250). | To keep a person in detention, the onus is on the Minister to prove that there are reasonable grounds to believe that the detainee’s identity cannot be ascertained, and that the detainee is either a danger, or unlikely to appear for his or her detention review hearing (see IRPA, s. 55 and ''IRP Regulations'' ss. 244 to 250). | ||
=== 2. Admissibility Hearings === | === 2. Admissibility Hearings === | ||