Rojas Lugo v. Canada (Public Safety and Emergency Preparedness)

canada, canadian, case law, court opinion, canlii, fct, 2026canlii90361, 2026 canlii 90361 (fc), 2026, canlii, 90361, (fc), imm-22818-26, 2026, citizenship and immigration, removal, stay of removal, immigration and refugee protection act, sc 2001, c 27, stay sought pending application for leave and judicial review of refusal to defer removal, public interest in enforcing removal orders as soon as possible, short notice already accommodated surgery and recovery, motion for stay dismissed, procedure, motions, stay, toth v canada (minister of employment and immigration), 86 nr 302 (fca), whether the conjunctive, three, part test for a stay was met, elevated threshold where stay effectively grants underlying relief (baron v canada (minister of public safety and emergency preparedness), 2009 fca 81), stay refused as not just and equitable, motion dismissed, administrative law, judicial review, reasonableness, whether the refusal to defer removal raised a serious issue for review, discretion to defer removal limited and merits reviewed on reasonableness, officer’s reliance on kampemana v canada (public safety and emergency preparedness), 2015 fc 1060 upheld, insufficient evidence to justify deferral found reasonable, motion dismissed, evidence, irreparable harm, medical evidence, whether evidence showed a real probability of unavoidable irreparable harm, strict test requiring convincing particularity, not assumptions or speculation (glooscap heritage society v canada (national revenue), 2012 fca 255), no confirmed appointment or details on surgery, prognosis, travel limits, or inability to treat in colombia, motion dismissed, citizenship and immigration, deferral of removal, best interests of the child, whether the officer properly assessed the short, term best interests of the minor child, deferral sought to an indeterminate date pending postoperative follow, ups, officer found no authority to defer removal indefinitely, short, term interests considered and lack of supporting medical reports noted, motion dismissed