What is the test for staying a person's removal from the country?

Canada (Federal), Canada

The following excerpt is from Suresh v. Canada (Minister of Citizenship and Immigration), 1998 CanLII 7261 (FC):

[7] In order for the applicant to be successful in this application to stay his removal, he must meet the three-fold test set out in Toth v. Minister of Employment and Immigration.1

Other Questions


What is the test for a motion to stay a person's application to stay in Canada? (Canada (Federal), Canada)
What is the test for an application to remove a person from a country where there is a high risk of torture? (MultiRegion, United States of America)
What is the test for a stay application to stay a motion of motion against a motion to remove a child from the family home? (Canada (Federal), Canada)
What is the impact of a deferred removal order on a person who has not applied for the right to stay in Canada? (Canada (Federal), Canada)
Is a stay of removal order moot if there is a live controversy between the parties once the stay order is granted? (Canada (Federal), Canada)
What are the circumstances in which a stay of a removal order can be stayed? (Canada (Federal), Canada)
Is a person’s mindset or intention not a factor in determining whether they should be allowed to stay in Canada? (Canada (Federal), Canada)
What is the test for a stay of a motion to invalidate the provisions of the Safe Third Country Agreement? (Canada (Federal), Canada)
Is a passport issued by the issuing of a passport in a foreign country conferred nationality on the person to whom it was issued? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.