| Date: 20220824
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| Docket: IMM-6555-22
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| Ottawa, Ontario, August 24, 2022
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| PRESENT: The Honourable Mr. Justice Ahmed
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| BETWEEN:
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| BARKAT ALI
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| Applicant
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| and
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| THE MINISTER OF CITIZENSHIP AND IMMIGRATION
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| Respondent
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ORDER
UPON considering the Applicant’s motion for a stay of his removal to Pakistan, scheduled to take place on September 21, 2022;
AND UPON reading the material filed by both parties;
AND UPON hearing the submissions of counsel for both parties by videoconference on August 23, 2022;
AND UPON noticing the incorrect spelling of the Applicant’s first name of Barkat, without objection from counsel, the style of cause is amended to reflect the proper spelling of the Applicant’s first name.
AND UPON considering the parties’ evidence and submissions regarding whether the Applicant has satisfied the conjunctive tripartite test set out in Toth v Canada (Minister of Employment and Immigration) (1988), 86 NR 302 (FCA) (“Toth”) that must be met before a stay can be granted;
AND UPON determining that the Applicant has satisfied all three parts of the Toth test;
THIS COURT ORDERS that the motion is hereby granted and the style of cause is amended to reflect the proper spelling of the Applicant’s first name.
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“Shirzad A.”
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Judge
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