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Sehmbi v. Canada (Public Safety and Emergency Preparedness)

CanLII (Federation of Law Societies of Canada)
CanLII · Legal · License: Open Access
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canadacanadiancaselawcourtopinionprocedureremoval
canada, canadian, case law, court opinion, canlii, fct, 2026canlii89924, 2026 canlii 89924 (fc), 2026, canlii, 89924, (fc), imm-23536-26, 2026, citizenship and immigration, removal, deferral of removal, irpa, subs. 48(2), “be enforced as soon as possible”, administrative deferral sought based on health conditions and scheduled tests, request to defer removal refused by inland enforcement officer, application for leave and for judicial review treated as challenging refusal decisions, motion for a stay of removal dismissed, procedure, stay of removal, interlocutory relief, rjr, macdonald inc v canada (attorney general), toth v canada (minister of employment and immigration), whether “serious issue” met on a “hard look” and “quite a strong case” standard, absence of serious issue ends analysis without irreparable harm or balance of convenience, motion dismissed, administrative law, reasonableness review, discretion to defer removal, whether refusal to defer removal was unreasonable given medical evidence, reliance on mrr assessments and absence of cardiologist advice against air travel, treatment of additional medical document and follow, up appointment, applicants failed to show “likelihood of success” on unreasonableness, stay refused
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