What has to be filed to get an automatic stay of removal while a case is at Federal Court?

Simply filing a leave application for judicial review does not, on its own, pause a scheduled removal in most cases. For the ordinary run of immigration decisions, a person facing removal has to bring a separate motion asking the Federal Court to stay the removal, and the Court applies a specific three-part test before granting it, looking at whether there is a serious issue to be argued, whether irreparable harm would result if removal proceeds first, and where the overall balance of convenience lies.

There are narrower, specific circumstances tied to certain protection-related applications where a stay can apply without a separate motion, once particular procedural steps are taken. Which situations qualify is technical and depends on the type of application and decision involved, so it should never be assumed without confirming it applies to the specific case.

Because removal dates can move quickly once set, anyone considering judicial review as a response to an imminent removal should get advice immediately rather than assuming that filing alone buys time.