What is the test for a stay of execution of an application for an application to stay in Canada?
Canada (Federal), Canada
The following excerpt is from Azadvala v. Canada (Minister of Public Safety and Emergency Preparedness), 2005 FC 1631 (CanLII):
In any event, to succeed in being granted a stay, the Applicant must establish in a conjunctive way that there is a serious issue to be tried, that he would suffer irreparable harm, and that the balance of convenience is in his favour (see Toth v. Canada (Minister of Citizenship and Immigration),[1998] F.C.J. No. 587).
"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
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
Does the fact that the applicant has spent more time in Canada since applying for Canadian citizenship, but has not centralized her mode of living in Canada prior to her application, or has she not? (Canada (Federal), Canada)
Is a judicial review application directed against a negative PRRA decision moot where the Applicant for judicial review has been removed from or voluntarily left Canada? (Canada (Federal), Canada)
What is the test for an applicant to be a refugee under the Canada-Canada Agreement? (Canada (Federal), Canada)
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)
What are the limits on the amount of time that a court can extend an application to extend the application for an extension of the application? (Canada (Federal), Canada)
What is the impact of the interpreter at the hearing of an applicant's application for a disability benefits application? (MultiRegion, United States of America)
What are some cases where a visa officer refused to accept an application because the applicant's Canadian relatives had offered to help in his settlement and establishment in Canada? (Canada (Federal), Canada)
What is the applicable standard of review for the purpose of determining an applicant's application for employment? (Canada (Federal), Canada)
Is there any case law where a member of the applicant’s medical report concluded that the medical evidence presented by the applicant was inconsistent with the applicant's testimony on the issue of paralysis? (Canada (Federal), Canada)
