Stay motions

Legal Aid Ontario (LAO) covers up to 15 hours for stays of removal in federal court.

Stay of removal

A stay of removal is an exceptional way to protect a person, usually a failed refugee claimant, facing imminent removal from Canada pursuant to a valid and enforceable deportation order.
A stay can only be requested if there is an underlying application for judicial review already before the federal court. The court may grant a stay until the underlying application before the court is decided.

To be successful, one must satisfy three criteria—it must be a serious issue, there must be irreparable harm, and there must be balance of convenience (relative hardship).

Process

The applicant or counsel can contact LAO via the Client Service Centre. The application will be transferred to an immigration specialist for a timely assessment of the merits.