What is the test for a stay of a removal order?
Canada (Federal), Canada
The following excerpt is from Sanabria Castillo v. Canada (Public Safety and Emergency Preparedness), 2008 FC 172 (CanLII):
In order to obtain a stay of the enforcement of the removal order, the applicant must satisfy the three elements of the three-branch test set out in Toth v. Canada (Minister of Employment and Immigration) (1988), 1988 CanLII 1420 (FCA), 6 Imm. L.R. (2d) 123 (F.C.A.). He must show that: (a) his application for leave and for judicial review raises a serious issue; (b) he could suffer irreparable harm if the stay is not granted; and (c) the balance of convenience favours him based on the overall situation of both parties. (i) Lack of a serious issue
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