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Mohan v. Canada (Citizenship and Immigration)

CanLII (Federation of Law Societies of Canada)
CanLII · Legal
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canadacanadiancase-lawcourt-opinionevidenceprocedureremovalthree
Decided: 2026-09-11. Docket: IMM-20911-26. Citation: 2026 CanLII 94904 (FC). Citizenship and immigration — Removal — Stay of removal — Pre-Removal Risk Assessment — Application for leave and for judicial review — Motion to stay removal to Sri Lanka pending determination of ALJR — Three-part Toth test applied in PRRA context — Removal enforcement weighed against pending ALJR — Stay granted | Procedure — Injunctions and stays — Interlocutory relief — Toth v Canada (Minister of Employment and Immigration) — Whether a stay order should issue as an extraordinary equitable remedy — Serious issue, irreparable harm, and balance of convenience treated as conjunctive and contextual — Just and equitable relief considered — Stay granted | Evidence — Credibility and corroboration — Assessment of testim
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