Akintade v. Canada (Public Safety and Emergency Preparedness)

canada, canadian, case law, court opinion, canlii, fct, 2026fc1186, 2026 fc 1186 (canlii), 2026, fc, 1186, (canlii), imm-314-24, 2026, 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, application for judicial review dismissed, administrative law, remedies, extraordinary circumstances, whether extraordinary circumstances or discernible significant prejudice justify immediate judicial review, prematurity general rule for judicial review from s. 44 referrals, no extraordinary circumstances established, arguments more appropriately made in judicial review of immigration division decision, application for judicial review dismissed, procedure, federal courts, consolidation and case management, whether to coordinate or consolidate this judicial review with a separate proceeding challenging the immigration division decision, different decisions and different stages, including leave stage, no motion under rule 105 of the federal courts rules, judgment not delayed further, consolidation refused, application dismissed