Nahayo v. Canada (Public Safety and Emergency Preparedness)

Decided: 2026-09-17. Docket: IMM-9865-24. Citation: 2026 FC 1173 (CanLII). Administrative law — Judicial review — Remedy — Whether IAD decision must be set aside for failing to consider non-refoulement — Matter remitted for reconsideration by same panel if available — Opportunity for additional submissions — Decision set aside for unreasonableness — Application for judicial review granted | Citizenship and immigration — Inadmissibility — Security grounds — IRPA, para. 34(1)(f) membership — Whether IAD was required to consider non-refoulement under Article 33 of the Refugee Convention at admissibility stage — Mason v Canada (Citizenship and Immigration), 2023 SCC 21 considered — Decision set aside | Citizenship and immigration — Inadmissibility — Membership — Whether “simple membership” in