Diakite v. Canada (Citizenship and Immigration)

canada, canadian, case law, court opinion, canlii, fct, 2026canlii95860, 2026 canlii 95860 (fc), 2026, canlii, 95860, (fc), imm-441-26, 2026, 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, risk on removal, whether irreparable harm is established if removal proceeds, no new evidence filed on the stay motion relating to risk in guinea, officer’s findings considered and no serious issue found on determinative risk finding, no basis to find irreparable harm, stay refused, administrative law, discretionary relief, balance of convenience, equitable considerations, whether the balance of convenience favours staying removal, flexible approach to toth factors with overall “just and equitable” inquiry, given absence of serious issue and irreparable harm, balance favours the minister, stay dismissed