Younas v. Canada (Public Safety and Emergency Preparedness)

canada, canadian, case law, court opinion, canlii, fct, 2026canlii90365, 2026 canlii 90365 (fc), 2026, canlii, 90365, (fc), imm-23039-26, 2026, citizenship and immigration, removal, stay of removal, deferral of removal, motion to stay removal pending application for leave and judicial review of refusal to defer removal, tripartite test for stay of removal applied, failure to establish irreparable harm dispositive, motion dismissed, procedure, interlocutory relief, stay, toth v canada (minister of employment and immigration), whether “serious issue” requires likelihood of success where stay effectively determines judicial review, rjr, macdonald inc v canada (attorney general) exception applied, court assumes serious issue without deciding, motion dismissed, citizenship and immigration, removal, irreparable harm, canada (public safety and emergency preparedness) v shpati, whether removal renders pending application for leave and judicial review practically ineffective, whether asserted fear of persecution based on sexual orientation establishes irreparable harm, harm must be real, definite, unavoidable and non, speculative, irreparable harm not established, motion dismissed, evidence, affidavit evidence, motion record, consolidated practice guidelines for citizenship, immigration and refugee protection proceedings, whether clear, convincing and non, speculative evidence substantiated asserted risk on return, absence of affidavit, rpd materials, or new post, decision evidence, standalone nature of stay motion emphasised, evidentiary record insufficient, motion dismissed