Perea Mosquera v. Canada (Citizenship and Immigration)

canada, canadian, case law, court opinion, canlii, fct, 2026canlii90367, 2026 canlii 90367 (fc), 2026, canlii, 90367, (fc), imm-7702-26, 2026, citizenship and immigration, removal, stay of removal, toth v canada (minister of employment and immigration), whether a stay is just and equitable in all the circumstances, serious issue, irreparable harm, and balance of convenience assessed, public interest in enforcing removal orders considered, motion for stay of removal dismissed, citizenship and immigration, inadmissibility, organized criminality, immigration and refugee protection act, para. 37(1)(b), whether inadmissibility for engaging in people smuggling was legally grounded, arguments referencing irpa, s. 117 and criminal code, s. 465, relatively low threshold for serious issue met, serious issue found, procedure, interlocutory relief, stay pending judicial review, toth v canada (minister of employment and immigration), whether the applicant would suffer irreparable harm if the stay is not granted, strict test requiring convincing evidence of a real probability, assumptions, speculations and arguable assertions carry no weight, stay refused, evidence, affidavit evidence, risk evidence on stay motion, whether evidence was clear, convincing, and non, speculative to establish a forward, facing risk, reliance on admissibility record and unicef usa publication, prra application and refusal considered, no evidentiary basis to reach a contrary conclusion, stay refused, procedure, interlocutory relief, balance of convenience, rjr, macdonald inc v canada (attorney general), google inc v equustek solutions inc, whether the balance of convenience favours granting a stay, public interest in maintaining the integrity of the irpa and enforcing removal orders, earthquake impacts not supported as tipping the balance, motion dismissed