What is the test for a stay of execution of an order to allow an application to stay an order that would have prevented the application from entering into the United States?
Canada (Federal), Canada
The following excerpt is from Kazarian v. Canada (Minister of Citizenship and Immigration), 2003 FC 1351 (CanLII):
The law on granting stays is quite settled. The applicant has to meet the tripartite test in Toth v. Canada (Minister of Employment and Immigration), (1988) 86 NR302. ie. the applicant must demonstrate that there is a serious issue to be tried, that he will suffer irreparable harm if the stay is not granted and that the balance of convenience favours the issuance of the order.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the current state of the law on "exigent circumstances" where a police officer has to enter a house in the middle of the night in order to enter the front door? (MultiRegion, United States of America)
Can a judge order a motion to vacate an order that would have prevented a plaintiff from obtaining access to a medical malpractice clinic? (MultiRegion, United States of America)
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
When two state procedural bars are invoked in a single order disposing of multiple claims in a personal injury case, can the state be deemed to be inconsistent with the other state? (MultiRegion, United States of America)
In what circumstances will a Minister of Employment and Immigration be allowed to bring an application for an indefinite stay in the United States without fear of persecution? (Canada (Federal), Canada)
Can an applicant be denied entry to the United States if they fail to produce proper documentation? (Canada (Federal), Canada)
Does a federal district court have jurisdiction to appoint an out-of-state representative to the United States Senate? (MultiRegion, United States of America)
What are the findings of the Secretary of State's appeal against the District Court's order that a class of beneficiaries must exhaust all their administrative remedies before seeking judicial review of the order? (MultiRegion, United States of America)
What is a cause of action against a person who acts under color of state law who has violated rights guaranteed by the United States Constitution? (MultiRegion, United States of America)
Is Section 1915(g) of the Criminal Code of the United States sufficient to prevent a defendant from proceeding in forma pauperis? (MultiRegion, United States of America)
