After consent order signed

[Mumu1906]

Hi
I am EEA citizen. My husband is Pakistani. We married in 2014 in the uk and have a 3 year old child born in the Uk.
We live in the uk since 2003 legally for me but illegally for my husband.
My husband could not get a passport until recently. Now his application is in progress. I mean his Pakistani passport.
He made several applications for a resident permit as EEA family member. All refused because no passport.
He went to judicial review and signed the consent order to withdraw his application. The home office said they will reconsider his case.
Now we received a letter from the home office asking for more documents that they ever asked including the passport.
We have all the documents as usual except the passport.
There is a deadline to answer the letter and the passport will arrive after this deadline.
I have the feeling they will reject the case again and it was a mistake to withdraw the JR case.
Is there a way to carry on with judicial review after the consent order has been signed because I feel that the HO ask more documents in order to find more excuses to refuse to give the permit.
If we comply and they refuse after 6 months or so.
In the meantime we will receive the passport and we will apply for the EEA family permit again?
I feel starting the JR and accepting the consent order was just a waste of time and money. We are back to square one it seems.
We followed the advice of the sollicitor for years but I don't know what we should do now.
Can someone help please?

[noajthan]

A FP is an entry 'visa'.
How can you be applying for a FP for someone in the country already?