Stay Applications are perhaps the final attempt to stop the removal of someone from Canada.
Once removal is scheduled by the CBSA (let's say for anyone with a valid deportation order issued against them), there are extremely limited options to 'stay' enforcement of removal (a Minister's permit would be one, a legislative stay another - finally, a stay by the Federal Court.)
An extraordinary remedy, it requires the applicant to meet the tripartite test set out in Toth (serious issue to be tried, irreparable harm to the applicant if order not granted - and not compensable in damages, and balance of convenience favouring the applicant). The case law is not entirely consistent - for example, a couple of cases, KAHN and SHARMA, indicate that harm to the family unit constitutes irreparable harm, whereas other case law indicates that the irreparable harm must be personal to the applicant himself/herself).
There must be an 'underlying' application for leave and judicial review (either an application for leave for a refused H&C, refused PRRA, or in some circumstances, refusal of the enforcement officer to defer removal).
A good review of the process is Waldman's text. The Federal Court Rules must be referred to. In short, counsel will need the Rule 35 letter, Draft Notice of Motion, Table of Contents, Affidavit(s) and Written Submissions (along with Solicitor's certificate).
Any situation that involves or could involve removal, requires experienced immigration counsel acting from the outset.
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