Malcolm-Sterling v. Canada (Public Safety and Emergency Preparedness)

canada, canadian, case law, court opinion, canlii, fct, 2026canlii95854, 2026 canlii 95854 (fc), 2026, canlii, 95854, (fc), imm-25406-26, 2026, citizenship and immigration, removal, deferral of removal, in, canada spousal sponsorship, public policy under a25(1) of irpa to facilitate processing in accordance with the regulations of the spouse or common, law partner in canada class, whether applicants entitled to 60, day administrative deferral, meaning and timing of “removal ready” under immigration and refugee protection regulations, s. 232(c), stay of removal granted, procedure, stay of removal, serious issue, elevated serious issue standard for deferral refusals, rjr, macdonald inc v canada (attorney general), toth v canada (minister of employment and immigration), whether underlying judicial review raises a serious issue on “removal ready” and public policy, mootness argument based on fee problem rejected, motion granted, procedure, stay of removal, irreparable harm, loss of procedure, whether removal would permanently and irrevocably deprive applicants of the 60, day deferral opportunity, exceptional circumstances where removal renders procedure moot, el ouardi v canada (solicitor general), baron v canada, palka v canada, analogy to fazeer applied, irreparable harm found, procedure, stay of removal, balance of convenience, just and equitable relief, google inc v equustek solutions inc, whether balance of convenience favours applicants given sponsorship application and asserted entitlement to deferral, prior risk processes distinguished from public policy issue, equitable to allow determination of deferral entitlement, stay ordered, no costs