De Lira Nunez v. Canada (Citizenship and Immigration)

Decided: 2026-10-14. Docket: IMM-23603-26. Citation: 2026 CanLII 107995 (FC). Administrative law — Judicial review — Discretionary equitable relief — Stay of a removal order as extraordinary equitable relief — Court’s discretion exercised having regard to all relevant circumstances — Tripartite conjunctive test applied holistically (Toth v Canada (Minister of Employment and Immigration); RJR-MacDonald Inc v Canada (Attorney General)) — Stay refused | Procedure — Motions — Stay pending ALJR — Whether Applicant satisfied the tripartite conjunctive Toth test — Serious issue, irreparable harm, and balance of convenience treated as not discrete compartments — Threshold for serious issue described as low, not frivolous or vexatious — Motion for stay dismissed | Professional responsibility — Repr