Slepcsik v. Canada (Citizenship and Immigration)

canada, canadian, case law, court opinion, canlii, fca, 2026fca137, 2026 fca 137 (canlii), 2026, fca, 137, (canlii), a-427-25, 2026, citizenship and immigration, removal, stay of removal, immigration and refugee protection act, sc 2001, c. 27 (irpa), departure order enforcement pending appeal, whether execution of removal should be stayed until appeal determined, tripartite test applied to removal, motion dismissed, procedure, stay, serious issue, rjr, macdonald inc. v. canada (attorney general) tripartite test, whether underlying appeal raises an issue that is neither vexatious nor frivolous, certified questions noted but not determinative, first prong satisfied on at least one issue, motion dismissed, procedure, stay, irreparable harm, whether irreparable harm proven beyond inherent consequences of removal, health conditions, country conditions, and family separation alleged, risks previously assessed and rejected in prra cannot be relied upon, irreparable harm must be proven, not inferred, evidence found generalized and speculative, motion dismissed, procedure, stay, balance of convenience, whether balance of convenience favours interim relief against a public authority, public interest in effective administration of canada’s immigration and refugee protection regime, minister’s statutory duty to enforce removal orders as soon as possible (irpa, subs. 48(2)), balance favours enforcement, motion dismissed