Vikineswaran v. Canada (Citizenship and Immigration)

canada, canadian, case law, court opinion, canlii, fct, 2026canlii93717, 2026 canlii 93717 (fc), 2026, canlii, 93717, (fc), imm-24337-26, 2026, citizenship and immigration, removal, pre, removal risk assessment, stay of removal to sri lanka pending application for leave and for judicial review, prra refused after oral hearing and removal order issued, refugee claim found ineligible to be referred to the refugee protection division, tripartite stay analysis applied, stay granted, procedure, motions, stay of removal, toth v canada (minister of employment and immigration), tripartite conjunctive test, whether serious issue, irreparable harm, and balance of convenience established, low threshold for serious issue applied, clear and convincing evidence requirement noted (atwal v canada (minister of citizenship and immigration)), motion granted, evidence, corroboration, country condition evidence, whether lack of corroborative state documentation reasonably undermined alleged 2022 and 2023 detentions, officer relied on expectation documentation would be available, respondent acknowledged decision did not identify specifics of supporting cce, serious issue found on corroboration analysis, stay granted, administrative law, judicial review, reasonableness, whether prra decision contained reviewable errors supporting a serious issue, alleged speculative findings, findings not according with evidence, and unreasonable evidentiary and explanatory burdens, alleged failure to consider certain country condition evidence and to assess detentions cumulatively, serious issue threshold addressed, stay granted