What is the test for "leave" in a motion to challenge a deportation order?
Manitoba, Canada
The following excerpt is from Hardt (Committee of) v. Hardt, 2016 MBQB 86 (CanLII):
In a case involving judicial review of a deportation order, the test for leave was framed as a question of whether the case was a fairly arguable one which, in turn, was a case that has a reasonable chance for success (Urbanczyk v. Canada (Public Safety and Emergency Preparedness), 2009 FC 552).
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