Ali v. Canada (Citizenship and Immigration)

canada, canadian, case law, court opinion, canlii, fct, 2026canlii96667, 2026 canlii 96667 (fc), 2026, canlii, 96667, (fc), imm-14095-26, 2026, 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 no practical benefit, risk of remedial injustice requires real probability, not speculation, apparent strength of proposed grounds must be clearly arguable (skgo), risk held speculative, motion dismissed, administrative law, reasons, reinstatement of refugee claim, whether the refugee protection division meaningfully considered medical evidence and gave sufficient reasons on interests of justice under rule 60(3), complaints concern weighing and assessing evidence, reasons found robust and responsive, leave prospect low, motion dismissed, evidence, affidavit evidence, irreparable harm, onus for clear, convincing, non, speculative evidence of irreparable harm, real probability standard, not a series of possibilities (gateway church, atwal), fear of return stated in general terms, record extremely thin, irreparable harm not established, motion dismissed