Immigration detention review lawyers in BC
If CBSA has detained you or someone you love, the first detention review is held within 48 hours, by video conference. Hire a lawyer right away so we can prepare a bondsperson before that hearing.
- Detention reviews at the Immigration Division: 48-hour, 7-day and 30-day hearings
- Bondsperson preparation: deposit or guarantee, evidence and questions
- Federal Court review if detention continues
Tell us about the detention
A lawyer will call you back about the next hearing and the bondsperson. If the 48 hours are almost up, call now.
The lawyers who will handle your case
You deal directly with a lawyer who knows your file, from the first call to the decision.
Prabhpreet Kaur Sangha
Barrister & Solicitor
Prabhpreet focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases. She has presented at Continuing Legal Education seminars and the National Immigration Conference, and is a former board member of the South Asian Bar Association of BC. She speaks English, Punjabi and Hindi.
Sundeep S. Grewal
Barrister & Solicitor · Founder
Sundeep founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada. Having studied abroad and navigated another country's immigration system himself, he explains every option in plain language and gives you an honest assessment of your chances.
Pardeep S. Grewal
Barrister & Solicitor
Pardeep is an immigration and estates lawyer with an Honours degree in Psychology. He is known for clear communication, practical strategy and compassionate service, so clients feel informed and heard at every stage.
Offices in Abbotsford, Surrey and Vancouver (#1300, 1500 West Georgia Street). Meetings in person, by phone or by video.
Detained by CBSA: what to do in the first 48 hours
The first detention review must be held within 48 hours of detention (IRPA s. 57(1)). Most of the work that decides it happens before the hearing starts.
1. Hire a lawyer now
The hearing is by video and moves quickly. A lawyer needs time to get CBSA's reasons, plan the arguments and prepare a release plan before it starts.
2. Find a bondsperson
A Canadian citizen or permanent resident in Canada who knows the detained person well, can make sure they follow the conditions, and can show they can pay the bond if the conditions are broken.
3. Gather documents
- The detained person's ID and immigration papers
- Proof of address and ties in Canada: family, work, school
- The bondsperson's ID, status, and proof of income and savings
The Surrey Immigration Holding Centre
CBSA's holding centre for British Columbia is in Surrey. BC stopped holding immigration detainees in provincial jails in 2023, so most people detained by CBSA in BC are held here.
Address and phone
13130 76 Avenue, Surrey, BC
(778) 591-4101
About 30 km from Vancouver International Airport. Up to 75 people, with separate units for men, women and families.
Visiting hours
- Weekdays: 2 to 4 pm and 7 to 9 pm
- Weekends and statutory holidays: 10 am to 12 pm and 3 to 5 pm
What to bring
Government photo ID showing your name, address, date of birth and signature, or two documents that together show them. Visitors are screened and personal items go in a locker. CBSA can cancel contact visits at short notice.
How immigration detention reviews work
Detention reviews are hearings before a member of the Immigration Division of the Immigration and Refugee Board. CBSA is represented by a hearings officer. The detained person and their lawyer respond, call witnesses such as the bondsperson, and argue for release. Hearings are scheduled as virtual hearings, by video conference or telephone.
| Review | When |
|---|---|
| First review | Within 48 hours of detention, or as soon as possible after |
| Second review | Within 7 days of the first review |
| Later reviews | At least once every 30 days for as long as detention continues |
| Early review | Can be requested at any time if there are new facts |
The member must order release unless satisfied that a ground for detention exists (IRPA s. 58(1)). The main grounds are:
- the person is unlikely to appear for an examination, hearing or removal (flight risk)
- the person is a danger to the public
- a foreign national's identity has not been established
- CBSA is investigating serious inadmissibility, such as security or serious criminality
What the Immigration Division considers
Flight risk
Past compliance with departure orders, hearings and conditions; any past attempts to avoid CBSA; and strong ties to a community in Canada (IRPR s. 245).
Danger to the public
Certain convictions in Canada or abroad, such as offences involving violence, weapons or drug trafficking, and links to criminal organizations or smuggling (IRPR s. 246).
Other factors
Why they are detained, how long they have been held and are likely to be held, any unexplained delays, alternatives to detention, and the best interests of any child directly affected (IRPR s. 248).
Release with a bondsperson: deposits and guarantees
If the member orders release, they can set conditions, including a deposit or a guarantee (IRPA s. 58(3)). The bondsperson is often what makes release possible.
Deposit
Money paid to the government before release. It is returned if all the conditions are followed, and forfeited if they are broken.
Guarantee
A promise to pay a set amount if the conditions are broken. The guarantor must be a Canadian citizen or permanent resident physically present and living in Canada, able to make sure the conditions are followed, and able to show they can pay (IRPR s. 47).
At the hearing
The bondsperson should be available to answer questions from the CBSA hearings officer and the member about their relationship, finances and plan. We prepare them for those questions before the hearing.
Other conditions can include reporting to CBSA, living at a set address and appearing for removal. CBSA also runs alternatives to detention, such as community case management and supervision, and voice reporting.
If detention continues
Early review
If something changes, such as a new or stronger bondsperson, new documents, or a change in the removal timeline, you can ask the Immigration Division for an early hearing.
The next review
Each later review is a fresh look. Building a better release plan between reviews matters, especially as time in detention grows.
Federal Court
A decision to continue detention can be challenged by an application for leave and judicial review in the Federal Court, filed within 15 days. Only a lawyer can represent you there.
Real reviews from real clients
Questions about immigration detention
How soon is the first detention review?
Within 48 hours of the person being detained, or as soon as possible after that (IRPA s. 57(1)). If they are kept in detention, the next review is within 7 days, and then at least once every 30 days.
Is the detention review in person?
Usually not. Immigration Division hearings are scheduled as virtual hearings, by video conference or telephone. The detained person can ask for an in-person hearing. Their lawyer makes that request in writing.
Who can be a bondsperson?
For a guarantee, the bondsperson must be a Canadian citizen or permanent resident who is physically present and living in Canada. They must be able to make sure the person follows the release conditions, and show they can pay the guarantee if those conditions are broken (IRPR s. 47). They cannot have signed another guarantee that is in default.
How much is an immigration bond?
There is no fixed amount. The Immigration Division member sets the deposit or guarantee for each case, based on the person, their history and the bondsperson. A deposit is paid before release and returned if the conditions are followed. A guarantee is a promise to pay if they are broken.
Does the bondsperson have to attend the hearing?
Yes, they should be available during the hearing. The CBSA hearings officer and the member can question them about their relationship to the detained person, their finances and how they will make sure the conditions are followed. Their information can be sent beforehand on the Immigration and Refugee Board's bondsperson information form.
Can I visit someone at the Surrey Immigration Holding Centre?
Yes. Visiting hours are 2 to 4 pm and 7 to 9 pm on weekdays, and 10 am to 12 pm and 3 to 5 pm on weekends and statutory holidays. Bring government photo ID; visitors are screened. CBSA can cancel contact visits at short notice.
What if the member decides to keep them in detention?
You can ask for an early review if there are new facts, such as a new or stronger bondsperson. The decision can also be challenged in the Federal Court by an application for leave and judicial review, which must be filed within 15 days.
Someone detained? The first hearing is within 48 hours.
Call now so we can start preparing the bondsperson before the detention review.