Chhina v. Canada (Citizenship and Immigration)

Decided: 2026-10-26. Docket: IMM-30675-26. Citation: 2026 CanLII 113240 (FC). Citizenship and immigration — Removal — Deferral of removal — Immigration and Refugee Protection Act (IRPA) — Request for deferral until humanitarian and compassionate application decided — Application for leave and judicial review of negative deferral decision referenced — Removal scheduled and deferral refused by officer — Motion to stay removal dismissed | Procedure — Interim relief — Stay of removal — Federal Courts Act, s. 18.2 — Whether stay should issue under Toth and RJR-MacDonald test — Stage One not determinative where Stages Two and Three decide motion — Conjunctive three-part framework applied — Stay of removal dismissed | Evidence — Affidavits — Irreparable harm proof — Whether evidence showed real,