EEA FAMILY PERMIT REFUSAL FOR MY DEPENDANT BROTHER

[montana]

MY BROTHER WHO HAS BEEN DEPENDENT ON ME FOR THE LAST 5 YEARS WAS REFUSED AN EEA FAMILY PERMIT EVEN AFTER FINANCIALLY PROVING HE WAS DEPENDENT ON ME .THE REASONS THEY GAVE WHERE THE FOLLOWING ; FROM THE EMBASSY AND PLEASE ADIVE WETHER TO APPEAL OR REAPPLY.SEE THE REASONS FOR REFUSAL BELOW:::

The Decision
• You have applied under the EEA Family Permit rules to visit your brother who is an Irish passport holder and under the EEA regulations in order to qualify for the visa you are required to be financially dependent on your brother.<WE PROVED THS WITH TRANSCRIPT FOR LAST 5YEARS SENT MONEY TO HIM>
• I have undertaken an extensive examination of your personal circumstances in accordance with Regulation 8 of the Immigration (European Economic Area) Regulations 2006 but I am not satisfied that there are sufficient grounds for issuing you with an EEA family permit for the following reasons. You state that you live with your mother in UGANDA in a house that was owned and paid for by your grandfather, you have siblings who are leading a privileged life and are residing at boarding school. You have not shown that you are dependent on your brother in the UK or explained why you cannot turn to your siblings in your home country.<I DONT SEE HOW A DEPENDENT CAN TURN TO ANOTHER DEPEDENT FOR SUPPORT>
• I am not satisfied that you are lawfully residing in an EEA state in which the EEA national resides and are dependent on the EEA national or a member of his household. I am therefore not satisfied that you are an extended family member in accordance with Regulation 8 of the Immigration (European Economic Area) Regulations 2006
I therefore refuse your EEA family permit application because I am not satisfied that you meet all of the requirements of Regulation 12 of the Immigration (European Economic Area) Regulations 2006.< I THOUGHT THIS LAW DONT APPPLY AND WAS CHANGED>

CAN YOU PLASE ADVICE ME WETHER TO APPEAL OR REAPPLY AND WHAT I SHOULD COUNTER SAY IN MY RLETTER TO THE EMBASSY

[Obie]

This refusal is senseless.

The first is clearly not in accordance with the dependency test

The second is clearly not in accordance with the law, as that part of the EEA regulation has been deleted in recent amendment made following Metock and Bigia and no reasonable ECO can come to such decision.

It appears that the decision is clearly not in accordance with the law, and you could appeal it.

[vinny]

See also EUN2.9 How do I establish dependency under the EEA Regulations?

[Obie]

Cheers Vinny for adding the links.

How you dig them up is beyond me.

You are a star

I certainly believe those links speaks a thousand words.

[vinny]

See also Moneke and others (EEA - OFMs) Nigeria [2011] UKUT 341 (IAC) (22 August 2011) (comments).

[montana]

Thank you for the insightful advice and your time.i do really appreciate the time and advice you invest in helping people know and attain thier rights.I am beginning to think that people from embassies regard people who go to their to apply for a visa as inferior to them.I woul also want to know how i would appeal the decision but now i hae to pay .Does that mean if the decision is over turned then they pay me pay the feees for appealing against the decision!!!

[montana]

or should i just re apply and stress in my letter to them where they went wrong and quote the relevant case law.What would be your adive on this one and to both of you how can you help me Vinny and Obie

[Obie]

In entry clearance cases i usually advice people to appeal if they met all requirements but visa was refused, as the ECO will then have an opportunity to review the decision and issue the visa before the matter proceed to appeal, without having to face further refusal and a further waste of time which is usually associated with OFM cases.

Some people may advice to reapply, which if approved will prove quicker and cheaper.

However if it was matter relating to spouse of EEA national where issues involved is whether EEA national is qualified or not, i will advice to reapply.

[montana]

So should i base my new application on saying the quoted the wrong rules and quote the relevant rectified answers to the one refused application.wont this prompt them to come up with other reasons ??where as if i appeal the ECO would only base assessment on the reason for refusal