If your removal date is within 7 days, or you have already been detained for removal: stop reading and call 416-900-4128 now. This page is a background organizing tool. It is not a substitute for calling immediately, and completing it is not a precondition to getting help.

Please read. This checklist provides general information about the evidence typically relevant to an urgent stay of removal motion, for educational purposes only. It is not legal advice, does not determine whether you qualify for a stay, and using it does not create a lawyer-client relationship. Your privacy is protected. Your checklist selections are processed entirely in your own browser and are not transmitted to, collected, or stored by Azimi Law unless you deliberately choose to contact us below. Current as of July 26, 2026. Legislation and Federal Court practice may change; Azimi Law makes no representation that this checklist is accurate, complete, or current, and accepts no responsibility for any decision or action taken in reliance on it. Always confirm your situation with a licensed Ontario lawyer immediately. Last updated: July 26, 2026.
What this tool adds: Azimi Law's stay of removal service page and evidence guide explain the remedy. This checklist turns the legal test into a self-organizing tool — check what already applies to your situation so a lawyer can move faster on the call, not slower.

0 of 12 checked0%
1. Serious issue to be tried
A pending application hasn't been decided yetPRRA, H&C, or judicial review leave application still outstanding
You believe the underlying decision contains a legal errorWrong test applied, ignored evidence, or a procedural fairness problem
Your risk hasn't been properly assessedNo PRRA has ever been done, or new risk has arisen since the last one
2. Irreparable harm if removal proceeds
Risk of harm in the country of removalDocumented or documentable danger, persecution, or serious hardship
Separation from a spouse, partner, or Canadian-born childrenEspecially where children's care or stability would be disrupted
An ongoing, serious medical conditionTreatment that would be interrupted or unavailable if removed
A pending application would become moot if you're removedE.g. an H&C or PRRA that can't be meaningfully pursued from outside Canada
3. Balance of convenience
You've generally complied with immigration obligationsReporting conditions, past hearings, document requests
Strong, documentable ties to CanadaEmployment, family, community, length of time in Canada
No serious inadmissibility, security, or criminality findingThese can weigh heavily against a stay being granted
4. Practical readiness to move fast
You have copies of your key documentsDecision letters, prior applications, removal order/notice, ID
You know your exact removal date, if one has been setOr when you were last in contact with CBSA
Keep going, or call now

The legal test for a stay

A motion to stay removal is decided under the tripartite test from Toth v. Canada (Minister of Employment and Immigration), (1988), 86 N.R. 302 (F.C.A.) — the same framework as an interlocutory injunction under RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311. All three elements generally must be shown together: (1) a serious issue to be tried in the underlying proceeding, (2) irreparable harm if removal proceeds before that issue is resolved, and (3) the balance of convenience favouring a stay over allowing removal to proceed.

These motions are almost always brought on an emergency basis, sometimes with only days or hours of notice. The organizing work — knowing what you have, what's missing, and what your exact timeline is — is what actually saves time once counsel is engaged. It does not replace calling immediately.

Questions people ask

The tripartite test from Toth v. Canada: a serious issue to be tried, irreparable harm if removal proceeds, and the balance of convenience favouring a stay. All three generally must be shown.

No. This checklist organizes your evidence — it does not decide whether you qualify. If you have a removal date, call immediately regardless of how many items you've checked.

No. The motion has to be brought and decided, sometimes on very short notice. This is why evidence needs to be organized before, not during, an emergency filing.

Not once a motion is properly filed and pending before the Court in most circumstances, but the timing is urgent and fact-specific — do not assume you are protected without confirming with a lawyer.

Official sources

Rules and government guidance may change. Review the current source and obtain advice for a live matter.

Related Azimi Law resources

EVIDENCE GUIDEFacing Removal? Urgent Stay EvidenceRead guide → CALCULATORJudicial Review Deadline CalculatorOpen tool → NAVIGATORRAD, IAD, or Judicial Review? Find Your RouteOpen tool →

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