What is the test for a motion to stay a person's application to stay in Canada?
Canada (Federal), Canada
The following excerpt is from Yeboah v. Canada (Minister of Citizenship and Immigration), 2002 FCT 490 (CanLII):
In Toth v. Canada (Minister of Employment and Immigration) (1998), 1988 CanLII 1420 (FCA), 6 Imm. L.R. (2d) 123 (F.C.A.) it is noted that to succeed on his motion to stay, the applicant must meet the following requirements: a serious issue, an irreparable harm and a balance of convenience in her favor.
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