Siu v. Canada (Public Safety and Emergency Preparedness)

Decided: 2026-10-08. Docket: IMM-28836-26. Citation: 2026 CanLII 105742 (FC). Administrative law — Judicial review — Interim relief — Stay of removal motion decided on written and oral submissions — Conjunctive three-part test from Toth applied — Standard of review noted as reasonableness for deferral decisions — Applicant required to satisfy all elements — Motion dismissed | Citizenship and immigration — Removal — Deferral of removal — Whether a serious issue was shown on refusal to defer removal — High threshold where stay would effectively grant deferral — PRRA ineligibility under 12-month timeframe from last RAD denial — Pending H&C application not “imminent or forthcoming” — Motion dismissed | Citizenship and immigration — Removal — Irreparable harm — Whether clear and non-speculative