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 s. 57, the IRB’s detention hearing guide and CBSA’s facilities page checked that day.
The clock: the first detention review must be held within 48 hours of detention, and it is usually by video conference.
What matters most: a release plan, usually with a bondsperson, ready before that hearing.
Why a lawyer: the preparation that decides the first review happens in the hours before it. 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.
When CBSA detains someone for immigration reasons, the Immigration Division of the Immigration and Refugee Board must review the detention within 48 hours, or as soon as possible after that (IRPA s. 57(1)). For a family, those hours go quickly. In BC the person is usually taken to the Surrey Immigration Holding Centre, and the hearing is held by video conference. What decides the first review is mostly what is ready before it starts: a lawyer who knows the file, and a release plan, which usually means a bondsperson prepared to answer questions.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, represents people at immigration detention reviews and prepares their bondspersons before the hearing; this guide is by Prabhpreet Kaur Sangha.
Where are they being held?
CBSA’s holding centre for British Columbia is at 13130 76 Avenue in Surrey, phone (778) 591-4101. It holds up to 75 people, with separate units for men, women and families. BC stopped accepting new immigration detainees in provincial jails on August 1, 2023, so most people detained by CBSA in BC are held in Surrey. CBSA holds some higher-risk men at a separate station in Quebec.
You can visit on weekdays from 2 to 4 pm and 7 to 9 pm, and on weekends and statutory holidays from 10 am to 12 pm and 3 to 5 pm. Bring one government photo ID showing your name, current address, date of birth and signature, or two documents that together show those details. Visitors go through security screening.
The first detention review
The hearing is before a member of the Immigration Division. A CBSA hearings officer explains why CBSA wants the person kept in detention and presents its evidence. The detained person, through their lawyer, responds, can call witnesses such as a proposed bondsperson, and argues for release. The member usually decides at the end of the hearing.
The member must order release unless satisfied that a reason for detention exists, most often that the person is unlikely to appear for removal or a hearing, or is a danger to the public (IRPA s. 58(1)). Even then, the member looks at alternatives to detention, and a strong release plan can tip the decision.
What to do today
| Step | Why it matters |
|---|---|
| Hire a lawyer | There is little time to get CBSA’s reasons and plan the arguments before the hearing |
| Choose a bondsperson | A Canadian citizen or permanent resident in Canada who knows the person well and can pay a guarantee if the conditions are broken |
| Gather documents | ID and immigration papers, proof of address and ties in Canada, and the bondsperson’s ID, status and finances |
| Make sure the bondsperson is free during the hearing | The CBSA officer and the member may question them |
For how bonds work and what a bondsperson promises, see becoming a bondsperson.
Why this needs a lawyer
One lawyer, one file, every step:
- getting CBSA’s reasons for the detention as soon as possible;
- choosing and preparing the bondsperson before the first review;
- arguing for release at the 48-hour, 7-day and 30-day reviews;
- challenging a decision to continue detention in the Federal Court where there are grounds.
Hearings are by video and move quickly. A lawyer who has already prepared the bondsperson and the evidence gives the member something concrete to release on.
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
- Waiting for the hearing date before contacting a lawyer.
- Offering a bondsperson who has not been told what they will be asked.
- Bringing no proof of the bondsperson’s income, savings or status.
- Assuming the first review is the only chance. There are more, and each one needs a better plan.
Frequently asked questions
How soon is the first review?
Within 48 hours of detention, or as soon as possible after that. If detention continues, the next one is within 7 days.
Is the hearing in person?
Usually not. Immigration Division hearings are scheduled as virtual hearings. The detained person can ask for an in-person hearing.
Can CBSA release them before the hearing?
Yes. CBSA can release someone before the first review, with or without conditions.
What should I do right now?
Call a lawyer now, before the first review, and start lining up a bondsperson with their ID and proof of finances.
Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.
Sources (official)
- Immigration and Refugee Protection Act, ss. 57–58
- Immigration and Refugee Board: Detention review hearings
- CBSA: Immigration detention facilities
- BC Government news release 2023PSSG0055 (June 27, 2023: BC Corrections stops accepting new immigration detainees after July 31, 2023)
This article is general information, not legal advice. Every case depends on its own facts.