Many thanks
@legalfalcon and dankboi for your response. However, if I were to infer correctly from legalfalcon comments, is it that when an application is or was a subject of a judicial review/litigation, activities done on the application after settlement of the matter whether via about of court of court instruction will not be seen via the gcms notes? My application changed from refused to submitted on the 31st of October. By reinitiating the judicial review process are we asking the court to mandate them to swiftly conclude on the application. As the refusal decision has been set aside. Your inputs will be greatly appreciated. Please be aware that no formal hearing of the case was done at the court. My lawyer only filed his argument after which ircc lawyers did not respond but only wrote us to settle out of court. Thank you
You are correct.
When you file an application for leave for judicial review pursuant to Rule 5, the notice is sent to the Department of Justice. At this stage, DOJ can contact you and make a deal to keep the Application in abseyance. So in effect, the case was never filed or the leave granted.
You can send a demand notice to IRCC and ask them to comply with the agreement or you would reinitiate the leave application.
If you are self-represented, you may have to go over the procedure and understand how it works and if rules of
res judicata apply to you or not and what you signed or agreed with IRCC, which may bar you from reinitiating a case, needing you to seek another remedy.
If you have a lawyer representing you, they should be the one advising you on this.
[My response does not constitute legal advice and neither does it give rise to any lawyer-client relationship.]