TWA is pleased to share one of our recent success stories, where we helped Client X secure a quick release after an improper detention at Vancouver International Airport (YVR).

Background of the Improper Detention

Client X, a former government official in his home country, arrived in Canada this year and underwent routine immigration screening at Vancouver International Airport, followed by a secondary inspection. Throughout the process, Client X remained fully cooperative, answering all questions and providing all necessary documents.

However, CBSA officers raised concerns regarding Client X’s disclosure of his previous government role, particularly focusing on his external liaison work over a decade ago before retirement. They first alleged that the nature of his work might pose a threat to Canada. Additionally, the officers claimed to have identified discrepancies between his statements during the inspection and the information provided in his visa application.

As a result, despite Client X’s assertion that he had fully disclosed his background during the visa process and that his visit to Canada was purely personal to visit family, the authorities detained and arrested him on the grounds of alleged inconsistencies or misrepresentation.

TWA’s Professional Help

According to the National Immigration Detention Framework, when an individual is arrested and detained by the Canada Border Services Agency (CBSA) for immigration-related reasons, they are entitled to a Detention Review Hearing before the Immigration Division of the Immigration and Refugee Board (IRB) within 48 hours (or as soon as possible). During this hearing, a judge will determine whether the individual should be released, remain detained, or be deported.

Upon receiving an urgent legal request from Client X, TWA’s immigration legal advisor, Thomas Wang, immediately intervened in the case. He reviewed the case file and, prior to the 48-hour Detention Review Hearing, contacted CBSA to strongly challenge the legal grounds and validity of X’s arrest and detention.

Thomas presented relevant evidence and made clear arguments to CBSA, explaining the following:

1. X has been retired for over 10 years before this recent entry into Canada and had made multiple prior entries into Canada for personal family visits. X is now a private individual and poses no threat to Canada’s national security or society.
2. X had fully disclosed his past work experience during previous visa applications, and any alleged inconsistencies were likely misunderstandings, which were insufficient to justify arrest or detention.

Successful Release from Detention

After our legal advisor provided the necessary explanations and submitted relevant legal arguments, we successfully convinced the CBSA authorities that there was no legal basis for detaining Mr. X. As a result, X was released prior to the Detention Review Hearing, avoiding further legal proceedings.
This successful case highlights two important points:
Even if you possess a valid visa, you may still face additional scrutiny upon entry and could potentially encounter improper detention.
Anyone who believes they have been improperly treated by the CBSA or other federal immigration enforcement agencies must seek professional legal assistance to correct the agency’s errors and protect their legal rights.