What is the test for irreparable harm?
Canada (Federal), Canada
The following excerpt is from Rahim v. Canada (Minister of Citizenship and Immigration), 2001 FCT 130 (CanLII):
The Applicants argue that they will suffer irreparable harm if they are removed from Canada prior to a decision on their outstanding section 114(2) application. Their submissions on this point are directed to questions of risk and danger if they are returned to Pakistan. However, it appears that the Applicants are to be removed to the United States of America, not Pakistan. There is no evidence of irreparable harm in relation to removal to the United States. A finding of irreparable harm requires the production of non-speculative evidence as to irreparable harm; see Atakora v. Canada (Minister of Employment and Immigration) (1993), 68 F.T.R. 112 (F.C.T.D.). Such evidence is not apparent here.
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