Zhang v. Canada (Citizenship and Immigration)

canada, canadian, case law, court opinion, canlii, fct, 2026canlii92923, 2026 canlii 92923 (fc), 2026, canlii, 92923, (fc), imm-23462-26, 2026, citizenship and immigration, stay of removal, tripartite test, whether removal should be stayed pending mandamus aljr, serious issue, irreparable harm, balance of convenience applied to removal, underlying sponsorship in spouse or common, law partner in canada class referenced, stay motion dismissed, administrative law, judicial review remedies, mandamus, whether mandamus aljr raises a serious issue, apotex eight conditions and unreasonable delay framework cited, clear right to performance denied by irpr, subs. 136(1)(b) and irpa, subs. 44(1) report against sponsor, serious issue not established, stay dismissed, citizenship and immigration, removal, irreparable harm, whether separation from spouse and alleged psychological distress establish irreparable harm, evidentiary requirement, not assertions or speculation, applied, mootness of sponsorship application insufficient, psychotherapist report found not clear and convincing, no diagnosis, treatment availability not disproved, irreparable harm not shown, stay dismissed, citizenship and immigration, stay of removal, balance of convenience, whether balance of convenience favours granting a stay of removal, highly contextual assessment following findings on serious issue and irreparable harm, public interest in enforcement of removal process weighed, balance found to favour respondent, stay dismissed, administrative law, parties, style of cause, whether respondent properly named on stay motion, minister correctly named in underlying aljr, but incorrectly named in stay motion, court orders correction of the style of cause to reflect the minister as proper respondent, style of cause corrected, motion dismissed