Luyimbazi v. Canada (Citizenship and Immigration)

Decided: 2026-09-29. Docket: IMM-3460-26. Citation: 2026 CanLII 101859 (FC). Citizenship and immigration — Removal — Stay of removal — Federal Courts Rules, Rule 35(2) — Whether removal should be stayed pending an application for leave and judicial review — Conjunctive tripartite test applied (Toth v Canada (Minister of Employment and Immigration)) — Equitable and extraordinary remedy emphasised — Special and compelling circumstances considered — Stay granted | Administrative law — Judicial review — Refugee Protection Division — Immigration and Refugee Protection Act, s. 107.1 — Whether the “manifestly unfounded claim” finding based on credibility was “clearly fraudulent” — Serious issue threshold, not frivolous or vexatious (RJR MacDonald Inc. v. Canada (Attorney General)) — Interpreter s