Javed Et Al. v. Canada (Public Safety and Emergency Preparedness)

canada, canadian, case law, court opinion, canlii, fct, 2026canlii92116, 2026 canlii 92116 (fc), 2026, canlii, 92116, (fc), imm-22066-26, 2026, citizenship and immigration, removal, deferral request and stay, stay of removal pending application for leave and for judicial review, refusal to defer execution of removal order based on medical grounds, best interests of the children, and pending h&c application, tripartite stay test applied to stays of removal, application dismissed, administrative law, reasonableness, deferral of removal, whether officer unreasonably refused deferral by failing to consider totality of evidence, higher threshold for serious issue on stay following refusal to defer removal, “likelihood of success” and “quite a strong case”, officer’s reasons on medical care, h&c timing, and evidence reviewed found reasonable, stay refused, evidence, irreparable harm, medical evidence, whether irreparable harm established on evidence, not assertions or speculation, limited probative value of medical notes, qualifications and basis for opinions not shown, medical requirements for removal assessment and sickkids opinions considered, medication alternatives and availability addressed, insufficient clear and convincing evidence, stay refused, procedure, stay of removal, tripartite test, whether balance of convenience favoured granting a stay, manitoba (attorney general) v metropolitan stores ltd, rjr, macdonald v canada (attorney general), and r v canadian broadcasting corp framework applied, contextual and fact, dependent assessment, just and equitable inquiry, balance of convenience favoured respondent, application dismissed