Mohan v. Canada (Citizenship and Immigration)

canada, canadian, case law, court opinion, canlii, fct, 2026canlii94904, 2026 canlii 94904 (fc), 2026, canlii, 94904, (fc), imm-20911-26, 2026, 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 testimony, whether the officer relied on absence of evidence to undermine testimony without finding it not credible, corroboration required without explained reasons to doubt veracity, chen v canada (citizenship and immigration) applied to corroboration reasoning, serious issue found, citizenship and immigration, refugee protection, prra risk assessment, immigration and refugee protection act, ss. 96 and 97, whether country condition materials were ignored, including recent articles post, dating national documentation package sources, pattern of persecution and present individualized risk assessed, serious issue found, procedure, irreparable harm, balance of convenience, whether removal before determination of aljr would cause irreparable harm that is not speculative, real probability of danger of torture or risk of cruel and unusual treatment or punishment considered, minister’s duty to enforce removal orders weighed, stay granted