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

The following excerpt is from Kazarian v. Canada (Minister of Citizenship and Immigration), 2003 FC 1351 (CanLII):

The law on granting stays is quite settled. The applicant has to meet the tripartite test in Toth v. Canada (Minister of Employment and Immigration), (1988) 86 NR302. ie. the applicant must demonstrate that there is a serious issue to be tried, that he will suffer irreparable harm if the stay is not granted and that the balance of convenience favours the issuance of the order.

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