I did my pathway application from start to finish. Although its simple process, you might want to engage the service of a lawyer if you are confused. i was able to do it because i did my judicial review application submission myself so when i needed to withdraw it, i had an idea of what to do, plus you can call federal court for guidance (please note that i am not a lawyer).
Please see a template of what i submitted and was accepted. In addition, you are expected to serve the justice department with a copy either by email or fax (template also provided). Lastly, you will also need to write a notarized letter to be submitted to federal court informing them that you served the justice department (representing the respondent) of the discontinuation/withdrawal letter.
Registry No: XXXX
FEDERAL COURT
B E T W E E N:
YOUR NAME
Applicant
- and -
THE MINISTER OF CITIZENSHIP & IMMIGRATION CANADA
Respondent
NOTICE OF DISCONTINUANCE
I YOUR NAME (the plaintiff/ Applicant in this case) wholly discontinues my application for Judicial Review in relation to an underlying negative IRB decision on my refugee claim. This became necessary upon my permanent residence approval under the temporary policy for refugee claimants working in the health care during covid-19 pandemic
xx Oct 2021
______________________________
Your address
cc TO: Deputy Attorney General of Canada
Department of Justice
Ontario Regional Office
120 Adelaide Street West
Suite 400, Toronto, Ontario
M5H 1T1
Fax: (416) 954-8982
Solicitor for the Respondent
AND TO: Registrar, Federal Court of Canada
180 Queen Street West, 2nd Floor
Toronto, Ontario
2
Header (as above under notice of discontinuation)
AFFIDAVIT OF SERVICE
I Your name of the city of Toronto, in the province of Ontario, SWEAR THAT :
I served the Department of Justice, Ontario regional office, 120 Adelaide Street West, Toronto with a copy of the Notice of Discontinuance by sending a copy by email on Oct 2, 2021 to
AGC_PGC_TORONTO.IMM@justice.gc.ca the last known email address of Deputy Attorney General, Solicitor for the Respondent
SWORN BEFORE ME
(at the City of Toronto
In the Province of Ontario
On 29th day of September, 2021)
COMMISSIONER OF OATHS, ETC YOUR NAME