Nagarasa v. Canada (Citizenship and Immigration)

Decided: 2026-09-11. Docket: IMM-25000-26. Citation: 2026 CanLII 94902 (FC). Procedure — Stay of removal — Interlocutory relief — Toth v Canada (Minister of Employment and Immigration), three-part test — Whether there is a serious issue, irreparable harm, and balance of convenience — Extraordinary equitable remedy, contextual and fact-dependent assessment — Conjunctive test satisfied — Stay of removal granted | Procedure — Serious issue — Equitable remedy — Whether a serious issue is neither frivolous nor vexatious — PRRA Decision challenged by ALJR, issues identified for judicial review — Threshold for stay motion considered, including Harkat v Canada (Minister of Citizenship and Immigration) — Serious issue established — Stay of removal granted | Administrative law — Reasons and fairness