EEA EFM Appeal allowed, but the decision is not clear to me

[linkinz99]

Hi Everyone, I did apply for UK residence card as an EEA extended family member in last year and the application was refused with appeal permission. Later I did appeal to first tribunal and have received a letter from the tribunal this week saying my appeal is allowed. Now I need help to understand the appeal decision in brief as it is confusing to me. The appeal decision and the judge statement is as followed:

"I therefore direct that the appellants case be considered under rules 17(4) and I remit the case to the respondent to make an assessment under that provision. I allow the appeal to this extent."

Notice of Decision:
"The appeal is allowed as being not in accordance with the law leaving the matter of whether to exercise this discretion in the appellants favour or not to the secretary of state."

Please help me to understand this both statements what these actually means and does it have any certain conditions.

[malik0543]

HI linkinz99

What was your case? how you are related to EEA National ?

also its depend on the reason of refusal ?

[linkinz99]

HI linkinz99

What was your case? how you are related to EEA National ?

also its depend on the reason of refusal ?

It is a case of EEA extended family member residence card (EEA4). And the EEA national is my brother.

and what you mean by "also its depend on the reason of refusal ?"

[malik0543]

in EEA cases Judges cannot order Home Office to issue visas etc

in Extended Family Member case Tribunal Remit back your case to Home Office for reconsideration, as they did not make decision according to law.

so nothing to worry, also Home office normally wont go to Upper Tribunal in EEA case but you never know.

Also could you please share you all history of application and refusal, as many people have applied for Extended family members, so it will help them.

[linkinz99]

The case history is, i applied as extended family member as my brother is eea national. But HO refused my case saying and didn't provide enough evidence according to the rules. and they gave me appeal permission, So i appealed with the evidence that I am dependent on my brother since my arrival to uk and prior arriving in the uk. And I have been living in the same household prior arriving uk and also in the UK. After judge see these evidence judge has been satisfied and gave the appeal decision is allowed.

However, In the notice of decision it says:
"The appeal is allowed as being not in accordance with the law leaving the matter of whether to exercise this discretion in the appellants favour or not to the secretary of state."

I am not a legal representative myself to understand the law fact. that's why I want to understand the meaning of this statement.