Which factor is NOT typically part of the stay test for a tribunal decision?

• A. There is a substantial risk of irreparable harm if the stay is not granted.
• B. There is a strong likelihood of success on the merits.
• C. The decision would be contrary to the public interest.
• D. The challenge is based on a question of law.

Answer: (D)

When a tribunal considers granting a stay, the focus is on preserving the status quo while the decision is reviewed, by weighing three practical factors. First, is there irreparable harm if the stay isn’t granted—harm that cannot be undone once a decision is made? Second, is there a strong likelihood of success on the merits of the appeal—the core question of whether the tribunal’s decision is likely to be overturned or modified? Third, what is the public interest or balance of convenience—would granting the stay serve the broader good or cause unfair disruption?

A question of law, while important to the overall case, isn’t typically a factor used in deciding the stay itself. It relates to the legal grounds of the challenge rather than to the immediate harms, the chances of success on the appeal, or the public interest. So the factor about whether the challenge rests on a question of law is not part of the standard stay criteria.