Stewart Sharma Harsanyi Immigration Law Firm Blog

Walk in Service Discontinued at CIC Calgary

Changes to walk in service at Citizenship and Immigration Centre in Calgary. Read more →

Kenney's Reforms: A Mixed Bag

Jason Kenney's efforts to reform Canada's immigration and refugee system are a mixed bag. Read more →

Updated: Detention Review

When a foreign national or permanent resident is taken into custody by immigration, a review of that detention is done by the Immigration Division. This happens within 48 hours; 7 days and 30 days (and 30 days thereafter if detention is continued). It's quite similar to a bail application in the criminal context. The Minister's delegate has to establish that there exist reasons for continued detention. This could be that the individual is a danger to the public or a flight risk. Attached is the transcript of a relatively complex detention review. It was the initial 48 hours (client was in custody and had completed his criminal sentence and had been transferred to immigration hold). The client had been previously found inadmissible to Canada and had appealed that to the Immigration Appeal Division. While he initially was granted a stay, he had subsequent criminality that resulted in the termination of that stay. Complicating matters further, the conviction for the subsequent criminality was set aside by the Court of Appeal. Detention reviews are difficult as they are done with little notice and often times little access to the client. The CBSA hearings officers here in Calgary often provide evidence in their... Read more →