Mohammed v. Canada (Citizenship and Immigration)

Decided: 2026-09-25. Docket: IMM-26314-26. Citation: 2026 CanLII 101858 (FC). Citizenship and immigration — Removal — Exclusion order — Whether the Minister’s Delegate lacked jurisdiction to issue the Exclusion Order — Whether the matter should have been referred to the Immigration Division — Immigration and Refugee Protection Regulations, s. 228(1)(c)(iii) raised — Jurisdictional challenge held for judicial review on full record — Stay motion dismissed | Procedure — Motions — Stay of removal — Application of the tripartite test in Toth v Canada (Minister of Employment and Immigration) — Low threshold for serious question, neither frivolous nor vexatious (Gateway City Church v Canada (National Revenue)) — Serious issue identified regarding referral to Immigration Division (Latchman v Canad