Ishimwe v. Canada (Citizenship and Immigration)

Decided: 2026-10-05. Docket: IMM-28054-26. Citation: 2026 CanLII 104523 (FC). Procedure — Stay of removal — Tripartite test — Extraordinary equitable remedy — Application of Toth and RJR-MacDonald in immigration context — Conjunctive test, failure of any element is fatal — Serious issue, irreparable harm, balance of convenience assessed on motion — Stay of removal denied | Citizenship and immigration — Pre-Removal Risk Assessment — New evidence — Immigration and Refugee Protection Act, para. 113(a) — Whether serious issue to be tried shown on PRRA judicial review — PRRA not an appeal of RPD and RAD decisions — No submissions on risk, no change of circumstances demonstrated — Serious issue not established | Evidence — Affidavit evidence — Hearsay — Whether Officer erred in giving limited we