Help needed regarding continuous lawful residence

Hello everybody,
I have an appeal in process with tribunal. I have received 1st tier tribunal decision yesterday and judge has refused to grant me permission to appeal to upper tribunal. I have completed 10 years milestone already. Judge has made me confused by writing in decision that he had received application one day out of time which is also one of the reason to refuse permission to appeal to upper tribunal. But however he has considered the grounds and provided me with a list of reasons to refuse permission to appeal upper tribunal.
Judge has made mistake regarding one day out of time application because the evidence I have clearly shows it was an in time application for permission to appeal.
I am ready to apply for ILR
BUT judge has made me confused if I accept judge verdict as it is then I think my leave has expired since tribunal received my application for permission to appeal.
Can someone suggest me what should i do.
1. To apply for ILR( if no objection from home office regarding continuous leave because judge has considered grounds)
2. To challenge judge decision to upper tribunal directly and once I get it rectify then apply for ILR