Being detained as a designated foreign national
Any designated foreign national age 16 or older will be detained. This means that they are sent to a locked facility, such as an immigration holding centre or jail. This rule does not apply to people who arrived in Canada before June 28, 2012.
The Immigration Division of the Immigration and Refugee Board will review the detention within 14 days. After that, the right to a detention review is every six months. Designated foreign nationals who make successful refugee claims will be released when their claim is accepted.
Otherwise, designated foreign nationals will continue to be detained. To be released, they will have to prove their identity. They will also need to prove that:
- they will not be a danger to the public
- they will not be a ‘flight risk’ (someone who is not likely to show up for their immigration hearing)
- the Minister is not taking steps to find out if they are inadmissible to Canada as a security risk, a criminal, or a human or international rights violator.