Immigration and Refugee Protection Regulations (SOR/2002-227)

Marginal note:Other factors

248 If it is determined that there are grounds for detention, the following factors shall be considered before a decision is made on detention or release:

• (a) the reason for detention;

• (b) the length of time in detention;

• (c) whether there are any elements that can assist in determining the length of time that detention is likely to continue and, if so, that length of time;

• (d) any unexplained delays or unexplained lack of diligence caused by the Department, the Canada Border Services Agency or the person concerned;

• (e) the existence of alternatives to detention; and

• (f) the best interests of a directly affected child who is under 18 years of age.