Akintade v. Canada (Public Safety and Emergency Preparedness)

Decided: 2026-09-22. Docket: IMM-314-24. Citation: 2026 FC 1186 (CanLII). Administrative law — Judicial review — Prematurity and exhaustion — Whether judicial review of a s. 44(2) referral is premature — Alternative recourse before Immigration Division for abuse of process based on delay — Screening role of Minister’s delegate, non-adjudicative function — Rodas Tejeda FCA and Lin applied — Application for judicial review dismissed | Citizenship and immigration — Immigration enforcement — IRPA, s. 44 referral — Whether Minister’s delegate had to analyse abuse of process submissions before referral — Referral under s. 44 limited to readily and objectively ascertainable facts — Abuse of process better left to Immigration Division admissibility determination — Obazughanmwen and Akpan cited — A