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Immigration

How soon after being detained does a person get their first detention review?

TSL Written by the Treadstone Law team· Updated August 2026

The law requires the first review to happen very soon after detention begins — a matter of days, not weeks — with a second review following not long after that, and then further reviews continuing on an ongoing, regular basis for as long as detention continues. The exact intervals are set out in the legislation and shouldn't be assumed from memory, since the specific schedule matters for knowing exactly when the next opportunity to argue for release will occur.

This front-loaded schedule exists because detention without status as a criminal proceeding is treated as something that needs close and frequent early scrutiny, rather than something that can simply continue on an officer's initial decision without prompt independent review. As detention continues over a longer period, the intervals between reviews generally lengthen, though detention still remains subject to regular ongoing review throughout.

Because missing or being unprepared for an early review can mean losing a real opportunity to argue for release soon after detention begins, anyone detained, or supporting someone who is, should get legal representation immediately so a proper case for release can be presented at that very first review rather than waiting for a later one.

Key takeaways

  • The first detention review happens very soon after detention begins, followed shortly by a second.
  • Reviews then continue on an ongoing, regular basis for as long as detention lasts.
  • The exact intervals are set by legislation and should be confirmed rather than assumed.
  • Get legal representation immediately so a real case for release can be made at the very first review.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone immigration lawyer can help.
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