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Good day

I've just received my parents appeal decision from the Tribunal which allowed their appeals. I am suppose to be very happy right? but it seems there is some problem with it, I was hoping someone could help me to clarify this problem. So in January this year my parents in-law applied for a family permit as dependents of mine, I am Polish citizen with permanent residence card and my wife is non-eaa living with me here. We have been supporting our parents since 2013. The Judge decided that the only question in this appeal to consider was whether they are dependent on us and he decided that in our favor allowing our appeals. However in his decision he stated as follow :

"I allow the appeals as not being in accordance with the law so that the respondent can consider whether to exercise discretion as set out in Regulation 17(4) of the 2006 Regulations.
Regulation 17(4) makes the issue of a residence card to a family member a matter of discretion. Where the respondent has not yet exercised that discretion, the most an Immigration Judge is entitled to do is to allow the appeal as being not in accordance with the law leaving the matter of whether to exercise this discretion in the Appelant's favour or not to the respondent"

Hey is there no problem here? it seems the judge applied regulation 17(4) to my parents which applies to extended family members? I thought they are to be considered direct family members? can someone help please? I will really thankful this seems like some kind of loophole...

It is an error, which ought to be challenged.

Obie could you please help, which regulations I should be looking at? I am trying to find regulations which apply to their case but I am a bit confused. thank you , I will appreciate if you could. I also understand that I should be asking for administrative review of this case right? I would really like to understand those regulations better before I proceed to a lawyer. So far I've been appealing all cases before on my own, but I don't think this time it would be good idea, so I would appreciate some directions... Thank you

I think it has to do with regulation 7 right? but how about the question of dependency where do I find more about it in regulations?

I believe it is the way you presented the case to the judge that resulted in the problem.

Are the family in the UK, or this is an Eea family permit case?

Regulation 17 (4) does not even apply to family permit cases.

There is no administrative review, there is a right of appeal.

It is family permit case and they are still in the Philippines, but the appeal was allowed and even Judge decided they need to pay us fees back, however he seems to be treating them as extended family members instead of direct family members. My case was quite simple I said that they should be issued family permit because they are our dependents and provided evidence for this dependency which Judged affirmed that proof of remittances proved that they are dependent.

I am willing to send you scanned copy of the document if you are interested.

You could PM it if you like. Regulation 17 (4) dont even applied to Eea family permit case. It is 12 (1) that applies.