Immigration and Refugee Protection Act

Marginal note:Initial review of detention

• 82 (1) A judge shall commence a review of the reasons for the person’s continued detention within 48 hours after the detention begins.

• Marginal note:Further reviews of detention — before determining reasonableness

  (2) Until it is determined whether a certificate is reasonable, a judge shall commence another review of the reasons for the person’s continued detention at least once in the six-month period following the conclusion of each preceding review.

• Marginal note:Further reviews of detention — after determining reasonableness

  (3) A person who continues to be detained after a certificate is determined to be reasonable may apply to the Federal Court for another review of the reasons for their continued detention if a period of six months has expired since the conclusion of the preceding review.

• Marginal note:Reviews of conditions

  (4) A person who is released from detention under conditions may apply to the Federal Court for another review of the reasons for continuing the conditions if a period of six months has expired since the conclusion of the preceding review.

• Marginal note:Order

  (5) On review, the judge

  • (a) shall order the person’s detention to be continued if the judge is satisfied that the person’s release under conditions would be injurious to national security or endanger the safety of any person or that they would be unlikely to appear at a proceeding or for removal if they were released under conditions; or

  • (b) in any other case, shall order or confirm the person’s release from detention and set any conditions that the judge considers appropriate.

• Marginal note:Conditions — inadmissibility on grounds of security

  (6) If the judge orders the release, under paragraph (5)(b), of a person who is named in a certificate stating that they are inadmissible on grounds of security, the judge shall also impose the prescribed conditions on the person.

• Marginal note:No review of conditions

  (7) The prescribed conditions imposed under subsection (6) are not subject to review under subsection (4).

• Marginal note:Variation of conditions

  (8) If a person is subject to the prescribed conditions imposed under subsection (6), any variation of conditions under subsection 82.1(1) or paragraph 82.2(3)(c) is not to result in the person being subject to conditions that do not include those prescribed conditions.

• Marginal note:Duration of conditions

  (9) The prescribed conditions imposed under subsection (6) cease to apply only when one of the events described in paragraphs 77.1(2)(a) to (e) occurs.