What three things do I need to show to get a stay motion granted at Federal Court?

To get a stay of removal granted while a judicial review is pending, the applicant generally has to satisfy a three-part test. First, there has to be a serious issue to be tried — a fairly arguable case, not one that is frivolous or bound to fail, though this first part sets a relatively low bar on its own. Second, the applicant has to show irreparable harm, meaning genuine, specific harm that could not later be fixed or compensated if removal proceeds before the judicial review is decided.

Third, the Court weighs the balance of convenience — essentially, whether the harm to the applicant from allowing removal to proceed outweighs the government's interest in enforcing immigration law and carrying out the removal as scheduled. All three parts generally need to be established; a strong showing on one does not make up for a clear failure on another.

Because stay motions typically have to be brought and argued on very short notice once a removal date is set, having the evidence for irreparable harm organized and ready well in advance matters a great deal to the outcome.