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Immigration and Refugee Protection Regulations

Version of section 248 from 2019-06-17 to 2024-05-28:


Marginal note:Other factors

 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.

  • SOR/2017-214, s. 7
  • SOR/2019-213, s. 1

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