Choconta v. Canada (Public Safety and Emergency Preparedness)

canada, canadian, case law, court opinion, canlii, fct, 2026canlii90366, 2026 canlii 90366 (fc), 2026, canlii, 90366, (fc), imm-23634-26, 2026, citizenship and immigration, removal, stay of removal, toth v canada (minister of employment and immigration) tripartite test, extraordinary equitable relief pending leave and judicial review, applicant sought stay until refusal to defer removal determined, motion dismissed for failure to establish irreparable harm, motion dismissed, procedure, interlocutory relief, stay pending judicial review, rjr, macdonald inc v canada (attorney general), whether elevated “serious issue” threshold applies where stay effectively grants final relief, hard look at merits and likelihood of success considered, serious issue assumed without deciding, motion dismissed, evidence, affidavit evidence, hearsay, whether irreparable harm proven by clear, convincing and non, speculative evidence, medical note only and no evidence of current condition, treatment, surgery, or unfitness to travel, legal assistant affidavit treated as hearsay without basis, irreparable harm not established, motion dismissed, citizenship and immigration, pre, removal risk assessment, risk on return, whether pending leave and judicial review of negative prra establishes irreparable harm absent supporting evidence, no affidavit from applicant and no prra materials or new risk evidence filed, consolidated practice guidelines require a complete standalone motion record, risk not substantiated, motion dismissed