right to live in uk as a parent of bitish child

[adimeshi]

hi,

I applied as a family member under the FLRM category when my wife applied for her ILR. Before that we had applied for an FLRO which was refused and we appealed against it but during the process of the appeal my wife's 10 year stay completed and we withdrew our appeal and she applied for an ILR and I under the FLRM category. She has been granted and ILR but my application for FLRM was refused as the 18600 threshold was not met. I changed jobs and therefore had to rely on a whole years payslips but since i had not been in the UK for a year at the point we had applied i was falling short I had explained all this is my application but was still refused and since i did not have a valid leave to remain at the time of my FLRM application I was given a right to appeal. I have put in a judicial review according to my lawyers advice and was with in the time limits as well. At the time of the FLRM application my child was not a british citizen but now after my wife was granted an ILR he has been registered as a british citizen and we are going to apply for his british passport.

I would please like some advice on this matter the home office's letter of refusal said that they had reviewed my application against family life as well as for discretionary leave but did not find my application fulfilling any of these criteria, my lawyer said otherwise and that the home office have not followed the rules under family life appropriately and therefore we put in a Judicial Review.

What I would like to find out is:
1.if my lawyer is correct in saying that home office have to followed the rules under family life with my application and are there any chances of my Judicial Review being successful,

2. If i withdraw my Judicial Review Application can I apply under the FLRFP or any other route as a parent of a british child and will I meet the eligibility criteria specifically not being able to apply as a spouse ( I cannot put in a fresh FLRM application since I do not have a leave to remain or can I ?)