Licensed Canadian immigration guidance

Stay Motion

A stay motion is an urgent Federal Court application to pause a removal while a related judicial review application is pending β€” typically filed on very short notice when a removal date is imminent.

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  1. 01
    The Legal Test for a Stay

    Open this section for the practical detail, evidence and requirements that shape the pathway.

  2. 02
    Frequently Asked Questions

    Open this section for the practical detail, evidence and requirements that shape the pathway.

  3. 03
    Related Pages

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A stay motion is an urgent Federal Court application to pause a removal while a related judicial review application is pending β€” typically filed on very short notice when a removal date is imminent.

Key figures at a glance

Source sequence preserved
UrgentOften filed within days of a removal date
3-parttest Serious issue, irreparable harm, balance of convenience
Tiedto JR Generally requires an underlying judicial review application
FederalCourt Deciding body

The Legal Test for a Stay

Technical reference

Technical reference

Eligibility and pathway detail

Official data
ElementWhat must be shown
Serious issueThe underlying judicial review raises a genuine, arguable legal question
Irreparable harmReal harm would result if removal proceeds before the review is decided
Balance of convenienceThe harm to the applicant outweighs any government interest in proceeding
Presented in the supplied source sequenceReviewed 2026
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Agree the next stepA focused consultation turns questions into an accountable plan.

Frequently Asked Questions

How quickly does a stay motion need to be filed?

As soon as possible once a removal date is known β€” these motions are frequently filed within days, and courts expect diligence in bringing them promptly.

Does filing a stay motion automatically pause removal?

No β€” the Court must grant the stay after considering the three-part test; filing alone doesn't pause enforcement unless and until the motion is granted.

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Related Pages

CTA: Get an Urgent Case Review immediately if you need a stay motion filed.

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