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Regarding Statutory question

Rick.111

Full Member
May 28, 2023
31
0
“been detained, incarcerated, or put in jail?
What should be the answer to this question. If I was being stopped at the UK airport for regular enquiry. They questioned for about 15-20 mins ..but they took my passport to verify the details and that took them 1-2 hours ..I was landed at the airport about 11 pm and I left the Airport about 2 am..I was not sitting at detention area. I was sitting in the waiting Area with my father and immigration officer started questioning me there..and later she kept my passport to verify attendance from my college. She told me to come back on 7th oct. And when I went there she took my fingerprints and a photograph and returned my passport. NOTE she didn’t stamp my passport when I was physically landed there e.g on 3rd oct she stamped my passport on 7th oct the date when she returned my passport. Kindly confirm what Canadian immigration consider as detention. What all should be included as detention under statutory question. If a person was randomly stopped my immigration officer and they start asking question should come under detention or not?

Note-in PFL letter officer states that he have information that I’ve been arrested on more than one occasion. Particularly his assessment about criminal history.. Does this incident comes under criminal history? And does arrest and detain (for questioning) are the same thing?
 

iSaidGoodDay

VIP Member
Feb 3, 2023
4,481
2,386
Kaneda
“been detained, incarcerated, or put in jail?
What should be the answer to this question. If I was being stopped at the UK airport for regular enquiry. They questioned for about 15-20 mins ..but they took my passport to verify the details and that took them 1-2 hours ..I was landed at the airport about 11 pm and I left the Airport about 2 am..I was not sitting at detention area. I was sitting in the waiting Area with my father and immigration officer started questioning me there..and later she kept my passport to verify attendance from my college. She told me to come back on 7th oct. And when I went there she took my fingerprints and a photograph and returned my passport. NOTE she didn’t stamp my passport when I was physically landed there e.g on 3rd oct she stamped my passport on 7th oct the date when she returned my passport. Kindly confirm what Canadian immigration consider as detention. What all should be included as detention under statutory question. If a person was randomly stopped my immigration officer and they start asking question should come under detention or not?

Note-in PFL letter officer states that he have information that I’ve been arrested on more than one occasion. Particularly his assessment about criminal history.. Does this incident comes under criminal history? And does arrest and detain (for questioning) are the same thing?
Being stopped at airports isn't detention.
 
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Rick.111

Full Member
May 28, 2023
31
0
@iSaidGoodDay but I was there for 2 hours they seized my passport and returned me back after 3 days Once they done all the verifications. I’ve read on internet that if immigration officer makes you sit and question you for about 30 mins to couple of hours it is consider as being detained .. I’m Soo nervous as on PFL letter officer states I’ve answer NO to statutory question that asks been detained, incarcerated or put in jail? However the visa officer has clearly mentioned that I’ve been arrested on more than one occasion..
 

Raptor33

Hero Member
May 10, 2020
380
141
“been detained, incarcerated, or put in jail?
What should be the answer to this question. If I was being stopped at the UK airport for regular enquiry. They questioned for about 15-20 mins ..but they took my passport to verify the details and that took them 1-2 hours ..I was landed at the airport about 11 pm and I left the Airport about 2 am..I was not sitting at detention area. I was sitting in the waiting Area with my father and immigration officer started questioning me there..and later she kept my passport to verify attendance from my college. She told me to come back on 7th oct. And when I went there she took my fingerprints and a photograph and returned my passport. NOTE she didn’t stamp my passport when I was physically landed there e.g on 3rd oct she stamped my passport on 7th oct the date when she returned my passport. Kindly confirm what Canadian immigration consider as detention. What all should be included as detention under statutory question. If a person was randomly stopped my immigration officer and they start asking question should come under detention or not?

Note-in PFL letter officer states that he have information that I’ve been arrested on more than one occasion. Particularly his assessment about criminal history.. Does this incident comes under criminal history? And does arrest and detain (for questioning) are the same thing?
Detention in the context of Canadian immigration refers to the act of holding a foreign national in custody, usually in a detention centre, pending a decision on their immigration status. Detention can be ordered for a variety of reasons, including:
  • The person is a flight risk, meaning that they are likely to leave Canada without authorization.
  • The person is a danger to the public.
  • The person is inadmissible to Canada, meaning that they do not meet the requirements to enter or remain in Canada.
Arrest is the act of detaining a person by legal authority. Arrest can be made by a police officer or other law enforcement official. A person can be arrested for a variety of reasons, including:
  • The person has committed a crime.
  • The person is suspected of having committed a crime.
  • The person is a flight risk.
  • The person is a danger to the public.
In your case, you were not detained in the traditional sense of the word. You were questioned by an immigration officer, but you were not held in custody. However, the immigration officer did take your passport and keep it for a period of time. This could be considered a form of detention, even if it was not for a long period of time.

As for your criminal history, the fact that you were questioned by an immigration officer does not necessarily mean that you have a criminal record. However, the fact that the immigration officer had information that you had been arrested on more than one occasion could be considered a negative factor in your immigration application.

It is important to note that the definition of "detention" and "arrest" can vary from country to country. In Canada, the term "detention" is usually used to refer to the act of holding a foreign national in custody, pending a decision on their immigration status. The term "arrest" is usually used to refer to the act of detaining a person by legal authority. However, there may be some overlap between the two terms. For example, a person who is detained by an immigration officer may also be considered to have been arrested.

If you are unsure whether or not you have been detained or arrested, you should consult with an immigration lawyer. An immigration lawyer can help you to understand the Canadian immigration system and to protect your rights.