Individuals detained by the Canada Border Services Agency (CBSA) for immigration reasons have the right to a detention review before the Immigration Division of the Immigration and Refugee Board of Canada (IRB). The review determines whether the individual should remain in detention or be released.

Hearings are typically conducted virtually, though a detained person or their representative can request an in-person hearing. An IRB member will review the case, hear evidence, and issue a decision, either at the hearing or after reviewing complex evidence.

If detention is continued, subsequent reviews occur within 7 days, then every 30 days until release or removal. At each review, new facts or evidence can be presented. Requests for early hearings are also possible if circumstances change.

Because the detention review process is complex, it is strongly recommended that detained individuals seek experienced legal representation to ensure their rights are fully protected.