{"id":2549,"date":"2026-11-13T04:12:58","date_gmt":"2026-11-13T04:12:58","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/detention-continued-early-review-federal-court\/"},"modified":"2026-11-13T04:12:58","modified_gmt":"2026-11-13T04:12:58","slug":"detention-continued-early-review-federal-court","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/detention-continued-early-review-federal-court\/","title":{"rendered":"Immigration detention continued at the review: what you can do next"},"content":{"rendered":"

By Prabhpreet Kaur Sangha<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 12, 2026<\/em><\/p>\n

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<\/a>.<\/em><\/p>\n

Updated November 12, 2026: IRPA ss. 57, 58 and 72, IRPR s. 248 and the IRB’s detention hearing guide checked that day.<\/em><\/p>\n

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Not the end:<\/strong> detention is reviewed again within 7 days, then at least every 30 days.<\/p>\n

Early review:<\/strong> you can ask for an earlier hearing if there are new facts, such as a new or stronger bondsperson.<\/p>\n

Federal Court:<\/strong> a decision to continue detention can be challenged by leave and judicial review, filed within 15 days. Why a lawyer<\/a><\/p>\n

Book a consultation<\/a><\/p>\n<\/div>\n

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Our immigration lawyers<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PrabhpreetPrabhpreet Kaur Sangha<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
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Sundeep S. Grewal<\/a><\/strong> founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.<\/p>\n

Prabhpreet Kaur Sangha<\/a><\/strong> 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.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is an immigration and estates lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

If the Immigration Division decides at a detention review that the person should stay in detention, it is not the last word. The law requires further reviews: within 7 days after the first, and then at least once every 30 days (IRPA s. 57(2)). Between reviews, the person can ask for an early hearing if something new has happened. And a decision to continue detention can be challenged in the Federal Court. Each of these works best with a better release plan than the one that failed.<\/p>\n

Lawgical Law Corporation<\/a>, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, represents people at later detention reviews and in Federal Court challenges to detention decisions; this guide is by Prabhpreet Kaur Sangha.<\/p>\n

The next review is a fresh look<\/h2>\n

At each review the member decides again whether there is a reason to keep the person detained. Earlier decisions matter, but the member must look at the evidence as it stands, including the factors in IRPR s. 248: the reason for detention, how long the person has been held, how much longer detention is likely to last, any unexplained delays, alternatives to detention, and the best interests of any child directly affected. As time in detention grows, those factors can weigh more heavily in favour of release.<\/p>\n

Asking for an early review<\/h2>\n

The IRB says that if circumstances change between reviews, the detained person may ask the Immigration Division for an early hearing. The request needs new facts, for example:<\/p>\n