Diakite v. Canada (Citizenship and Immigration)

Decided: 2026-09-15. Docket: IMM-441-26. Citation: 2026 CanLII 95860 (FC). Citizenship and immigration — Removal — Stay of removal — Leave and judicial review of PRRA refusal — Stay motion determined under Toth v Canada (Minister of Employment and Immigration) — Whether a stay of removal should be granted pending judicial review — Minister favoured on the balance of convenience — Motion dismissed | Administrative law — Judicial review — Serious issue — PRRA decision — Whether the PRRA refusal raises a serious issue to be tried on a low threshold — Officer’s decision read holistically — No basis for oral hearing based on a veiled credibility finding — Determinative issue was military ranking and evidence was vague — Stay refused | Administrative law — Interim relief — Irreparable harm — Ris