Aviles Garcia v. Canada (Citizenship and Immigration)

Decided: 2026-10-16. Docket: IMM-16130-26. Citation: 2026 CanLII 109010 (FC). Citizenship and immigration — Removal — Stay of removal — Toth v Canada (Minister of Employment and Immigration) test — Whether the tripartite test for a stay of removal is met — Serious issue, irreparable harm, and balance of convenience considered — Stay pending leave and judicial review of PRRA — Motion granted | Administrative law — Procedural fairness — Pre-Removal Risk Assessment — Whether the PRRA Officer implicitly found an internal flight alternative without applying the appropriate legal test — Whether the Applicant was afforded an opportunity to make submissions on IFA — Serious issue threshold for stay motion addressed — Stay granted | Citizenship and immigration — Pre-Removal Risk Assessment — Irrepa