What is the test for a motion to stay the enforcement of a removal order?
Canada (Federal), Canada
The following excerpt is from Kumar v. Canada (Minister of Citizenship and Immigration), 2005 FC 1196 (CanLII):
That finding is in itself sufficient to dispose of this matter. Further, the applicant did not succeed in establishing that he would suffer irreparable harm if his motion to stay the enforcement of the removal order were to be dismissed. He had the opportunity to submit his arguments on many occasions and each time his arguments were dismissed. Allegations that have already been examined by the courts cannot support an argument to the effect that there is irreparable harm (Akyol v. M.C.I., [2003] F.C. 931).
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