Simon K. Yu, Barrister & Solicitor

Federal Court applications - Application for a Stay Order

An application to the Federal Court for a court order to stay the execution of a removal order is usually the last judicial avenue for a client who wants to stop Canada Border Services Agency from removing him or her from Canada.

In brief term, an applicant needs to establish in a Stay application that there is a serious issue to be tried in the underlying Application for Leave and for Judicial Review of a decision the applicant is challenging, he or she will suffer irreparable harm if removed from Canada, and the balance of convenience factor favors his or her remaining in Canada.  A lot of detailed legal arguments with supporting evidence need to be put together expeditiously in bringing a Stay application as time is of the essence.

Federal Court applications are very complex. It is advisable you seek advice and representation from an experienced lawyer in a timely manner. In the last 24 years Simon has successfully argued Stay application and Federal Court applications to set aside refusals of refugee claims, immigration appeals, humanitarian and compassionate applications, pre removal risk assessments, Spouse or Common Law Partner in Canada Class application, and danger opinion.