Subramaniyam v. Canada (Public Safety and Emergency Preparedness)

Decided: 2026-10-16. Docket: IMM-19147-26. Citation: 2026 CanLII 108993 (FC). Citizenship and immigration — Removal — Stay of removal — Tripartite test in Toth v Canada (Minister of Citizenship and Immigration) and RJR-MacDonald Inc v Canada (AG) — Whether stay should be granted pending ALJR of negative PRRA — Exceptional remedy interfering with s. 48 of the Immigration and Refugee Protection Act — Motion dismissed | Administrative law — Judicial review — Reasonableness and reasons — Immigration and Refugee Protection Act, s. 96 — Did the PRRA Officer apply the wrong legal test and require a personalized and forward-looking risk — Whether reasons were not intelligible and made veiled credibility findings — Serious issue found for stay purposes | Citizenship and immigration — PRRA — Irrepar