5. Go to the detention review hearing
Question & AnswerWhat is a bondsperson for someone in immigration detention?
You should go to the detention review hearing if you can. The hearing will be held at the Immigration Holding Centre or Correctional Centre where the person is detained. The detained person will participate in person or by video conference.
If you’re not sure when or where the hearing will be held, you can contact the detained person’s lawyer or legal representative. If the person doesn’t have a legal representative, you can contact the Registry of the Immigration Division to get information about the hearing.
Make sure you’re on time and in the right place for the hearing. If you’re late, the hearing may happen without you. If the person is not released, they might have to wait up to 30 days for another hearing.
The Canada Border Services Agency (CBSA) representative might speak with you outside of the hearing room to decide if they think you will be a good a bondsperson.
A Member from the Immigration Division is in charge of the hearing. They will look at why the person is being detained and decide if they can be released. The Member will review the information presented in the release plan, and look at whether you’re a suitable bondsperson.
The Member might also ask you to answer questions in the hearing. You should be prepared to give testimony about:
- your relationship with the detained person
- your knowledge of their immigration history and how soon they are likely to be removed from Canada
- your ability to supervise the person
- your understanding of what it means to be a bondsperson and whether you have done this before
- the release plan
- your willingness to report the person if they don’t follow conditions
You will probably not be approved as a bondsperson if:
- you were a bondsperson or surety in the past and the person you were supervising did not follow the conditions of their release or bail conditions
- you live far away from where the person hopes to live if released
- you have a criminal record
- you don’t know the immigration and criminal history of the person you’re supervising
The Member decides if you’re a suitable bondsperson, the amount and type of bonds, and what other conditions should be included on the person’s release.
Even after a release order is made, it’s up to CBSA to approve your ability to pay a performance bond. You might have to show CBSA more of your income and assets before they will allow you to sign the performance bond so the person can be released.
Documents that show your ability to post a performance bond include:
- proof of your employment, such as a T-4 or letter from your employer
- bank statement or investment statement
- proof of property ownership, such as a deed
- statement of earnings and Notice of Assessment from Canada Revenue Agency, if you’re self-employed