What Is a Stay of Removal?
A stay of removal is a Federal Court order that temporarily halts a deportation while an underlying judicial review application proceeds. To obtain a stay, an applicant must establish: (1) a serious issue to be tried in the judicial review; (2) irreparable harm if removal proceeds; and (3) the balance of convenience favours granting the stay.
Call Immediately: Stays of removal are emergency proceedings. We regularly file stay motions the same day we are retained. Do not wait — once you are on a plane, the stay option is gone. Call 416-900-4128 now.
The Three-Part Test
The RJR-MacDonald test for stays requires: (1) a serious issue — not frivolous and vexatious — in the underlying judicial review; (2) irreparable harm — something that cannot be compensated in damages if removal proceeds; and (3) the balance of convenience — the public interest in enforcement weighed against the personal harm of removal. Refugee and protection claims, children in Canada, and serious medical conditions are strong factors.