Johns v. Canada (Public Safety and Emergency Preparedness)

Decided: 2026-10-16. Docket: IMM-29818-26. Citation: 2026 CanLII 109003 (FC). Citizenship and immigration — Removal — Stay of removal — Toth v Canada (Minister of Employment and Immigration) tripartite test — Motion for stay pending leave and judicial review of CBSA refusal to defer removal — Elevated first-stage standard from Baron v Canada (Minister of Public Safety and Emergency Preparedness) — Stay dismissed | Citizenship and immigration — Removal — Deferral of removal — Whether issues raised carry a high likelihood of success on judicial review — Officer’s limited discretion to defer removal in exceptional circumstances — Alleged failure to consider ties to Canada, hardship in the United Kingdom, and effect on outstanding immigration applications — Stay dismissed | Citizenship and imm