Dekanadze v. Canada (Public Safety and Emergency Preparedness)

Decided: 2026-10-09. Docket: IMM-28969-26. Citation: 2026 CanLII 107192 (FC). Citizenship and immigration — Removal — Deferral request — Stay of removal pending ALJR of PRRA refusal — Deferrals limited to clear evidence of risk of death, extreme sanction or inhumane treatment, or short-term exigent circumstances — Mental health concerns and pending Federal Court proceeding relied upon — Motion for stay of removal dismissed | Procedure — Injunctions and stays — Toth and RJR-MacDonald test — Whether the Applicant met the conjunctive three-part test for a stay — Higher threshold requiring “quite a strong case” on likelihood of success assessed — Irreparable harm must be real, definite, unavoidable, not inherent in removal — Stay refused | Administrative law — Reasonableness review — Deferral