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)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.