Immigration and Refugee Protection Act

Marginal note:Release — officer

• 56 (1) An officer may order the release from detention of a permanent resident or a foreign national before the first detention review by the Immigration Division if the officer is of the opinion that the reasons for the detention no longer exist. The officer may impose any conditions, including the payment of a deposit or the posting of a guarantee for compliance with the conditions, that the officer considers necessary.

• Marginal note:Period of detention — designated foreign national

  (2) Despite subsection (1), a designated foreign national who is detained under this Division and who was 16 years of age or older on the day of the arrival that is the subject of the designation in question must be detained until

  • (a) a final determination is made to allow their claim for refugee protection or application for protection;

  • (b) they are released as a result of the Immigration Division ordering their release under section 58; or

  • (c) they are released as a result of the Minister ordering their release under section 58.1.

• Marginal note:Conditions — inadmissibility on grounds of security

  (3) If an officer orders the release of a permanent resident or foreign national who is the subject of either a report on inadmissibility on grounds of security that is referred to the Immigration Division or a removal order for inadmissibility on grounds of security, the officer must also impose the prescribed conditions on the person.

• Marginal note:Duration of conditions

  (4) The prescribed conditions imposed under subsection (3) cease to apply only when one of the events described in paragraphs 44(5)(a) to (e) occurs.