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Immigration Detention: Rules and Review Process

Understand the provisions of immigration detention, including arrest criteria, detention review periods, and factors for consideration. Learn about flight risk, danger to public, identity verification, and other important aspects. Explore the detention process and considerations for individuals under immigration detention.

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Immigration Detention: Rules and Review Process

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  1. Housekeeping Notice • Assignment Two is due on April 2nd. • April 2nd is Monday. • class materials available at: http://faculty.law.ubc.ca/dauvergne/ law377.html

  2. DetentionSs 54-61 and Regs 224-250 • basic rule is that some people may be detained and that detention is reviewed at specified intervals by the Immigration Div • Act sets out the framework and regs (at this point) set out factors to be considered • an area with considerable differences as compared to previous legislation • average time in detention about 15 days, more than 80% of detained are men

  3. Provisions of the Act • PRs or FNs may be arrested with a warrant if rble grounds to believe they are inadmissible AND danger OR unlikely to appear • FNs (not protected) w/o warrant IF as above OR officer not satisfied of identity • on entry, PRs and FNs may be detained IF nec to complete examination, rble grounds to suspect (!) inadmiss for security or rts violations • Imm Div to be notified, officer can release w or w/o conditions

  4. Detention Review • 48 hours, 7 days, 30 days, no maximum • habeas corpus provision • shall release unless (taking into acct prescribed factors): danger to public; unlikely to appear for anything that cd lead to being asked to leave; Min is reasonably inquiring into serious inadmissibility; Min thinks id can be established but they have not cooperated in doing so • Imm Div can also order detentions • conditions are possible; dble detention provision; minor children – last resort

  5. Things to Consider: Flight Risk • fugitive from fgn jurisdiction of Cdn crime • previous voluntary compliance with immigration related matters • previous avoidance of imm examination or escape from custody • involvement with smuggling or trafficking likely to lead them not to appear • community ties in Canada

  6. Things to Consider: Danger to Public • Min’s opinion under other sections of Act • association with organized crime • engagement in smuggling or trafficking • conviction in Canada of violence offences or serious drug offences (and parallel outside)

  7. Things To Consider: Identity • cooperation: specified details (not for chldn) • if ref claims: wh pursuit of ID docs will reveal too much to home gov’t • destruction of docs or use of fraudulent documents to mislead CIC (and circs) • provision of contradictory info • existence of docs which contradict their ID story

  8. Other things to consider • why detained? • total time in detention; likely future time • unexplained delays or lack of dept’l diligence • alternatives to detention • special considerations for children • some info shall not be revealed to home gov’t unless removal order enforceable

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