Tier 4 Appeal dismissed but recommendation made by judge

[gaurav]

My cousins Tier 4 visa was refused and subsequently he made an appeal which is dismissed but judge made a recommendation to Home office to consider him for discretionary leave:

Reason for Tier 4 Refusal- Tier 4 extension was refused as the sponsor had withdrawn the CAS, Judge acknowledged the fact it was Tier 4 sponsors fault and my cousin is suffering unnecessarily due to the sponsors fault. Furthermore he said as their is no provision for him to allow the appeal in absence of a CAS but he made a recommendation that Home Office should consider him for a discretionary leave so that he can get admission with a different Tier 4 provider and apply for a Tier 4 visa.

It will not be ideal for him to go back to his come country and apply for a fresh Tier 4 application due to his personal circumstances.
What should he do next:

1) Would home office write to him in regards to discretionary leave and should he just wait for it?
OR
2) Should he apply for FLR (O) on the basis of Judge's recommendation?
OR
3) Should he appeal in the upper tribunal?

I would really appreciate some advice on it

[gaurav]

sos! Help please!

[bruteforce]

The judge has only made recommendation & not the order so IMO, it would not be obligatory for HO to grant you discretionary leave. Although, putting FLR application will not harm in anyway. In fact, when you do make FLR application, attach the court decision with it to support your application. Meanwhile, you will need to try & get hold of a CAS as soon as possible just in case if they refuse the FLR application.

[gaurav]

Thanks a lot bruteforce, you are star. Just one thing, would you recommend waiting for home office to contact or just apply for FLR. As the appeal deadline is just 7 days away.