Immigration detention may often occur when there is a breakdown in communication between a person holding (most often) a study or work visa and the immigration authorities. For example, the failure to keep an address updated with the immigration department (and/or the CBSA ) may lead to the failure to receive a letter inviting you to attend a meeting with an officer.
The failure to attend that meeting may lead an officer to think that you are evading the immigration authorities, despite the fact that there may have simply been an inadvertent failure to update your residential address.
Similarly, if a person is attempting to enter Canada at a border or other port of entry, officers may have concern about whether the person is presenting their reason for entering Canada truthfully. This concern may arise if your answers to the border officer’s questions come across as inconsistent.
Inconsistent responses may be detected if officers search your belongings, and discover items which contradict your stated purpose for entering Canada. For example, if you drive into Canada with a car and are towing the equivalent of a one-bedroom apartment’s worth of personal items and furniture, the officer may have concerns that your stated intention to visit Canada for two weeks may not be truthful.
It is often the case for people who have allowed their status as a visitor, or worker, or refugee claimant to expire, that immigration authorities become concerned about whether the person is evading detection or “going underground”. One scenario is when a student fails to renew their study visa, but nevertheless, keeps working without the appropriate authorization. That lapsed student may drive a vehicle and be stopped by the police for a routine check. The police may detect a warrant that would be issued by the Canada Border Services Agency. Such warrants may be issued when the person is invited to meet with the Canada border service agency officer, and fails to attend the meeting.
The remedy for the loss of liberty associated with the above failures to comply can be obtained at the Immigration Division of the Immigration Refugee Board. Lawyers can sometimes propose an alternative for the person’s detention such as living with a another person who may put up a deposit or bond.
If faced with detention, feel free to contact Chaudhary Law office to discuss the options that may be open to you
