Ali v. Canada (Citizenship and Immigration)

Decided: 2026-09-16. Docket: IMM-14095-26. Citation: 2026 CanLII 96667 (FC). Citizenship and immigration — Removal — Stay of removal — Application for Leave and Judicial Review challenging refusal to reinstate refugee claim — Physical presence prerequisite under Immigration and Refugee Protection Act, s. 104(1)(b) — Removal to India pending leave — Motion for stay of removal dismissed | Procedure — Injunctive relief — Stay pending judicial review — Three-part test for a stay of removal, serious issue, irreparable harm, balance of convenience (RJR-MacDonald) — Determinative issue irreparable harm — Conjunctive test not met, third prong not considered — Motion dismissed | Administrative law — Judicial review — Remedial injustice — Whether removal would render a successful judicial review of