Immigration Division

Here are the main functions of the Immigration Division:

1. Detention Reviews: The ID conducts detention reviews for individuals who are detained by the Canada Border Services Agency (CBSA) for immigration reasons. These reviews ensure that individuals who are detained receive a fair assessment of their detention and the reasons for their continued detention. The ID considers factors such as flight risk, danger to the public, and the likelihood of appearance at future immigration proceedings.
2. Admissibility Hearings: The ID holds hearings to determine the admissibility of foreign nationals or permanent residents who are believed to be inadmissible to Canada. This includes individuals who may have committed serious criminal offenses, violated immigration laws, or pose security risks. The ID listens to evidence and legal arguments from both the individual and the government and makes a decision on whether the individual should be allowed to enter or remain in Canada.
3. Detention Conditions: The ID also has the authority to set conditions for individuals who are released from detention, such as reporting requirements, financial deposits, or restrictions on movement.

It’s important to note that the ID focuses specifically on detention and admissibility matters, whereas other divisions of the IRB, such as the Refugee in Canada Protection Division (RPD) and the Immigration Appeal Division (IAD), handle different aspects of immigration and refugee cases. The ID’s decisions are made based on the information presented during hearings and in accordance with relevant immigration laws and regulations. Individuals who are involved in ID proceedings may choose to have legal representation to advocate for their interests and rights during the process.