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EEA FAMILY permit Appeal

Posted: Wed Feb 01, 2012 9:40 am
by montana
How do i make an appeal after eea family permit refusal as the procedure is not clearer enough now that fees are to be paid!!!

Posted: Wed Feb 01, 2012 10:29 am
by scorpio1
Did refusal letter especially where written where/when you can appeal or any seprate letter (guidelines) say to pay any fee?

Posted: Wed Feb 01, 2012 1:14 pm
by Obie

Posted: Wed Feb 01, 2012 2:18 pm
by montana
But when you go to the border agency link you posted.it still talks about payment to be made or contact the legal services commission for advice if legal aid can be granted.

Posted: Wed Feb 01, 2012 2:22 pm
by Obie
Some people appealing under the EEA regulations are exempted from the fees

However, you may have to pay, as on closer look at the regulations, it seems it applies to EEA national or family members facing removal, and not people applying for residence documents or EEA family permit.

Re: EEA FAMILY permit Appeal

Posted: Wed Feb 01, 2012 9:42 pm
by EUsmileWEallsmile
montana wrote:How do i make an appeal after eea family permit refusal as the procedure is not clearer enough now that fees are to be paid!!!
You can make a free, fresh application. Mention the rejection in the second application and address the points raised in the objection if any were made.

Fresh application

Posted: Fri Feb 03, 2012 6:45 pm
by montana
Willl it be better to make this application with the help of a lawyer so i can systematically correct the reasons for refusal with the back up of a legal representative or can i do it by myself but mention the regulations they failed to follow or the regulations they mis quoted!!!!

Re: EEA FAMILY permit Appeal

Posted: Fri Feb 03, 2012 6:46 pm
by montana
EUsmileWEallsmile wrote:
montana wrote:How do i make an appeal after eea family permit refusal as the procedure is not clearer enough now that fees are to be paid!!!
You can make a free, fresh application. Mention the rejection in the second application and address the points raised in the objection if any were made.
Willl it be better to make this application with the help of a lawyer so i can systematically correct the reasons for refusal with the back up of a legal representative or can i do it by myself but mention the regulations they failed to follow or the regulations they mis quoted!!!

Posted: Fri Feb 03, 2012 7:08 pm
by EUsmileWEallsmile
You can make the fresh application yourself addressing the points that were raised as part of the refusal. You don't need a lawyer to do that. If your case is not complicated and you know it was refused in error, just point out why and reapply.

Posted: Fri Feb 03, 2012 8:44 pm
by Obie
You certainly can appeal and reapply.

Most ECO post tend to deliberately ignore the provisions under Regulations 8.

As the issue of Residence Card is a matter of discretion, i will suggest if you appeal, to seek legal assistance.

If you appeal, i believe there is a good chance of success.

Posted: Fri Feb 03, 2012 11:41 pm
by EUsmileWEallsmile
Obie wrote:You certainly can appeal and reapply.

Most ECO post tend to deliberately ignore the provisions under Regulations 8.

As the issue of Residence Card is a matter of discretion, i will suggest if you appeal, to seek legal assistance.

If you appeal, i believe there is a good chance of success.
It all depends on what the basis for the original rejection was. If was spurious, then a fresh application would be ok. If it goes against policy, then and if contrary to law, then lawyers might need to be involved.