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 or the person concerned; and
(e) the existence of alternatives to detention.
Marginal note:Special considerations for minor children
249. For the application of the principle affirmed in section 60 of the Act that a minor child shall be detained only as a measure of last resort, the special considerations that apply in relation to the detention of minor children who are less than 18 years of age are
(a) the availability of alternative arrangements with local child-care agencies or child protection services for the care and protection of the minor children;
(b) the anticipated length of detention;
(c) the risk of continued control by the human smugglers or traffickers who brought the children to Canada;
(d) the type of detention facility envisaged and the conditions of detention;
(e) the availability of accommodation that allows for the segregation of the minor children from adult detainees who are not the parent of or the adult legally responsible for the detained minor children; and
(f) the availability of services in the detention facility, including education, counselling and recreation.
Marginal note:Applications for travel documents
250. If a completed application for a passport or travel document must be provided as a condition of release from detention, any completed application provided by a foreign national who makes a claim for refugee protection shall not be divulged to government officials of their country of nationality or, if there is no country of nationality, their country of previous habitual residence, as long as the removal order to which the foreign national is subject is not enforceable.
THE IMMIGRATION APPEAL DIVISION
251. If the Immigration Appeal Division stays a removal order under paragraph 66(b) of the Act, that Division shall impose the following conditions on the person against whom the order was made:
(a) to inform the Department and the Immigration Appeal Division in writing in advance of any change in the person's address;
(b) to provide a copy of their passport or travel document to the Department or, if they do not hold a passport or travel document, to complete an application for a passport or a travel document and to provide the application to the Department;
(c) to apply for an extension of the validity period of any passport or travel document before it expires, and to provide a copy of the extended passport or document to the Department;
(d) to not commit any criminal offences;
(e) if they are charged with a criminal offence, to immediately report that fact in writing to the Department; and
(f) if they are convicted of a criminal offence, to immediately report that fact in writing to the Department and the Division.
- Date modified: