Options for my case

[ayi21]

Hi.
I applied for a visa under human rights on medical grounds in nov. 2012. It was refused by HO on oct. 2013. I had kidney failure that started on 2011 june and underwent kidney dialysis as part of my the treatment. I appealed my case and the oral hearing took place in Sept. 2014.( In feb 2014. I received a kidney transplant. )
I won the appeal and granted 6 months of stay from nov. 2014 to april 2015. My solicitor said that my case become stronger after my operation. I applied for renewal of my visa and the home office refused it on august same year. I appealed again through my solicitor and the oral hearing was done in London, 2 august 2016.
I presented all pertinent and genuine documents.
The judge said he read all my evidences but he is not a medical practitioner to decide so he gave me an option whether he will make an outright decision or to remit it to home office to review and make a lawful decision. My barrister has said it is better to take the second option to extend the time.
On the 27 of august this year the determination arrived. The judged allowed my appeal. He said he remitted it to the home office to make lawful decision. It is also stated in judge's determination that he allows me to take my case to higher tribunal.
On the 27 October 2016, the HO sent me a letter asking for another medical reports from my consultant about my conditions, short and long term prognosis and if I am fit to travel. if not, state the case why and how long its going to be. And If I have special arrangements about my travel?
This letter that the HO was asking was exactly the same letter they were asking from me before they refused my renewal of my visa on April 2015.
I received medical reports recently but my consultant cannot say that I am not fit to travel.
The reports should reach the HO by 17 Nov. 2016.
My solicitor said that my case is not strong.
I arrived in the UK as student on 19 May 2007 with my wife and my daughter.But the two has gone back to my own country.
I am aiming to submit my ILR on the 19 April 2017.(10 years settlement) Roughly 4 months and 19 days before 19 of April starting December.
If the HO refuse my application which is very likely to happen, what do you suggest I can do or what other legal steps would you recommend?
Is it adviseable for Judicial review? In case I lost on JR, any other things?
I would like to exhaust all other means. I waited for more than 9 years now. It is only less than 6 months of wait before applying for ILR. Please advise me.
I also read the case of Rose Akhalu from Nigeira. Exactly the same medical condition and she won the appeal.
Thank you

ayi21

[Chidiebube]

Since you are convinced they will refuse your application and you intend to extend your time so you can apply for ILR on the 10 year route then apply for JR.

Unless you are restricted from further application after JR which is unlikely.

In a likely event after applying for JR if you achieve your target time you can withdraw your JR application and apply for ILR.

My opinion,waiting for seniors to contribute.

[ayi21]

thanks for your answer