Gallego Andrade v. Canada (Citizenship and Immigration)

Decided: 2026-09-25. Docket: IMM-25484-26. Citation: 2026 CanLII 100957 (FC). Citizenship and immigration — Removal — Stay pending judicial review of PRRA — Applicant sought stay of removal pending ALJR of negative PRRA — Three-part conjunctive test in Toth v Canada (Minister of Employment and Immigration) applied in highly contextual manner — Motion for stay dismissed — No order as to costs | Procedure — Interlocutory relief — Stay of removal — Whether serious issue to be tried established under Toth v Canada (Minister of Employment and Immigration) — Court found Officer properly considered risks arising after RPD decision and engaged with new evidence — Disagreement with weight of evidence insufficient — Stay refused | Evidence — Irreparable harm — Clear and convincing proof — Whether ir