Withdraw and file in new application

Hi,
Had a Tier 1 (post study work visa). Applied for extension using FLR(O) before it expired and It was rejected. We had to appeal until I exhausted all my appeal rights. Then had no option but go for judicial review. A court session was held and waiting upon decision which has taken ages.
Its now 10 yrs I am living in the UK and would like to fill in the SET(LR) form.
Could any one please advise. Is it okay to withdraw the judicial review case and send in a SET(LR) FORM?

section 3c doesn't cover u on JR......were u given permission to appeal to upper tribunal
If u hv exhausted all ur appeal rights n u don't make a successful fresh application u'll be considered overstayer.