Post
by Pablito » Sat Oct 17, 2015 11:02 pm
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...