Jaswal v. Canada (Citizenship and Immigration)

canada, canadian, case law, court opinion, canlii, fct, 2026canlii94243, 2026 canlii 94243 (fc), 2026, canlii, 94243, (fc), imm-24502-26, 2026, citizenship and immigration, pre, removal risk assessment, stay of removal, prra officer refused prra application and removal scheduled, stay sought pending application for leave and for judicial review, fear of persecution based on sexual orientation and alleged pro, khalistan support, removal stayed pending determination of the aljr, stay granted, procedure, stays, stay of removal, toth v canada (minister of employment and immigration) tripartite test, whether serious issue, irreparable harm, and balance of convenience established, conjunctive nature of toth test applied, criminality and prior failure to depart weighed in balance of convenience, stay granted, administrative law, judicial review, reasonableness, whether prra officer unreasonably assessed evidence of personalized and forward, looking risk, treatment of mother’s letter describing police and nia visits, assessment of objective evidence and state protection referenced, serious issue threshold for stay motion, neither frivolous nor vexatious, stay granted, evidence, weight, family, source evidence, whether probative evidence can be discounted merely because it originates from relatives, cruz ugalde v canada (public safety and emergency preparedness) considered, respondent reliance on mohammed v canada (citizenship and immigration) noted, insufficiency versus credibility characterised, stay granted