Published
Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.
Updated November 12, 2026: IRPA ss. 55 and 57, IRPR ss. 245 and 248, and the IRB’s detention hearing guide checked that day.
Why it happens: answers at a removal interview, such as refusing to leave or saying you fear return, can be treated as signs you won’t appear for removal.
What follows: a detention review within 48 hours, usually by video.
Why a lawyer: release depends on showing the flight-risk concern can be managed, usually with a bondsperson. Why a lawyer
Our immigration lawyers
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
At a CBSA removal interview, the officer asks whether you will leave Canada, what arrangements you have made and, if you made a refugee claim or PRRA before, whether you are afraid to return. Those questions are not small talk. In my experience, saying you won’t leave, that you fear for your life, or that you would harm yourself rather than go can give CBSA grounds to treat you as unlikely to appear for removal and to detain you on the spot. Once that happens, the case moves to the Immigration Division’s detention reviews.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, represents people detained after CBSA enforcement interviews and prepares release plans for their detention reviews; this guide is by Prabhpreet Kaur Sangha.
Why answers at the interview matter
An officer can arrest and detain someone they have reasonable grounds to believe is inadmissible and unlikely to appear for removal (IRPA s. 55). The flight-risk factors in IRPR s. 245 include past compliance with departure orders, appearances and conditions, and ties to a community in Canada. A clear statement at the interview that you will not leave can become the main evidence CBSA relies on. For what happens at the different CBSA interviews, see CBSA enforcement interviews.
The detention review
The first review is within 48 hours, then within 7 days, then at least every 30 days (IRPA s. 57). The CBSA hearings officer will usually point to what was said at the interview. The answer is rarely to deny it. It is to show that the risk can be managed: a bondsperson who knows the person, a fixed address, reporting conditions, and a record of having attended every interview so far. The member also weighs alternatives to detention and how long detention is likely to last (IRPR s. 248).
If you fear return
Fear of return is a real issue, but it is dealt with through the proper routes, not by refusing removal at an interview. Depending on your history, that may be a PRRA, a deferral request, a humanitarian and compassionate application, or a motion to stay removal in the Federal Court. Raising those routes through a lawyer, before removal arrangements are final, is very different from telling the officer you won’t go.
Self-harm and health
If you are struggling, tell your lawyer and ask for medical help. Health concerns can be relevant to a deferral or to release, and a lawyer can raise them properly with evidence.
Why this needs a lawyer
One lawyer, one file, every step:
- preparing for removal interviews before they happen;
- preparing a release plan and bondsperson for the detention review;
- raising fear of return through a PRRA, deferral request, H&C or stay motion;
- challenging detention or removal in the Federal Court where there are grounds.
The interview answer can’t be taken back, but the detention review is about whether the risk can be managed, and that is something a lawyer can build quickly.
Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can represent you in the Federal Court if a detention decision has to be challenged there. An immigration consultant cannot appear in that court for you.
Mistakes I have seen
- Going to a removal interview without advice.
- Telling the officer you won’t leave instead of raising your fears through the proper process.
- Having no bondsperson ready for the first review.
- Waiting until the removal date to raise a stay or deferral.
Frequently asked questions
Can CBSA detain me at the interview?
Yes, if the officer has reasonable grounds to believe you are inadmissible and unlikely to appear for removal.
Will I be released?
It depends on the review factors and the release plan you can offer, usually with a bondsperson.
What should I do right now?
If someone was detained after an interview, call a lawyer now and start preparing a bondsperson for the 48-hour review. If you have an interview coming up, get advice before you go.
Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.
Sources (official)
- Immigration and Refugee Protection Act, s. 55
- Immigration and Refugee Protection Act, ss. 57–58
- Immigration and Refugee Protection Regulations, ss. 245–248
- Immigration and Refugee Board: Detention review hearings
This article is general information, not legal advice. Every case depends on its own facts.