What is the test for a stay of a motion to invalidate the provisions of the Safe Third Country Agreement?

Canada (Federal), Canada

The following excerpt is from Canada (Citizenship and Immigration) v. Canadian Council for Refugees, 2020 FCA 181 (CanLII):

This Court granted the stay: Canada v. Canadian Council for Refugees, 2008 FCA 40. It found (at paras. 23-30) that the immediate invalidation of the provisions and the termination of the Safe Third Country Agreement would cause irreparable harm. In the present case, the body of evidence in favour of a finding of irreparable harm, if anything, is stronger than that in the 2008 case.

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