Masumbuku v. Canada (Public Safety and Emergency Preparedness)

Decided: 2026-11-05. Docket: IMM-32253-26. Citation: 2026 CanLII 118843 (FC). Citizenship and immigration — Removal — Stay of removal — Exclusion Order and removal directions to the United States — Motion seeking a stay of removal on an urgent basis — Three-part test in Toth v Canada (Minister of Employment and Immigration) applied — Serious issue and irreparable harm not established on the limited record — Motion not heard | Procedure — Motions — Urgent relief — Last-minute stay motion brought on day of scheduled removal — Whether discretion should be exercised to hear motion urgently — Consolidated Practice Guidelines for Citizenship, Immigration, and Refugee Protection Proceedings cited — Beros v Canada (Citizenship and Immigration) applied to incomplete record and fairness — Motion not