Dia v. Canada (Public Safety and Emergency Preparedness)

Decided: 2026-10-07. Docket: IMM-28719-26. Citation: 2026 CanLII 105743 (FC). Citizenship and immigration — Removal — Deferral of removal — Stay pending application for leave and for judicial review — Refusal of deferral by CBSA officer challenged — Best interests of the children and criminal appeal raised as grounds — Enforcement of removal orders considered — Stay of removal granted until disposition of underlying ALJR | Procedure — Injunctions — Stay of removal — RJR-MacDonald Inc v Canada (Attorney General) test — Whether the stay test was met pending determination of ALJR — Serious issue, irreparable harm, balance of convenience assessed — Extraordinary equitable relief and discretion applied — Stay of removal granted | Administrative law — Judicial review — Reasonableness — Whether A