appeal against refusal of EEA Family Permit

I have been denied an EEA Family Permit because my date of birth is not the same as on my first passport(expired).it was because on my first passport the date of birth was written incorrectly,when i was renewing the passport i requested the Pakistan Embassy to change the date of Birth in light of my national identity card and school certificates from pakistan,and they changed it.
exact wording of refusal"In granting you an eea family permit i must be satisfied that your identity is as stated.the evidence before me indicates that in 2005 you were granted entry clearance to the uk as a visitor using a pakistan passport confering your date of birth as 01/12/1984.your current passport indicates that your date of birth is 26/11/1984.in the absence of satisfactory evidence to explain this important discrepency in your indentity i am not satisfied that your claim to being the spouse of an EEa national is a reasonable one.this discrepency undermines the validity of your marriage and any claim to being in a subsisting marriage with the eea national.
for the above mentioned reason i am not satisfied you qualify for an EEA family permit under regulation 7(1)(a) of the immigration (EEA) regulations 2006."
please somebody give me some advice ,shall i appeal or reapply?what supportin documents should i attach?
i ll apperciate any help.Thank you

The ECO is right, go back to your Passport Office and correct the error as it is in your passport you first use to enter UK, even the immigration judge if you appeal will know you were trying to play game. Another option, get a letter from Pakistan immigration to back you up with the reasons why you have changes on your passport and to state you are who you say you are that the first passport was an error.

Do you have documents that show that you requested that they correct your date of birth in your passport?

Do you have your birth certificate with the correct date of birth?

Do you have other documentation with the correct date of birth?

Did you explain any of this already in your application, or did you just use the passport with a different date?

Directive/2004/38/EC wrote:Do you have documents that show that you requested that they correct your date of birth in your passport?

Do you have your birth certificate with the correct date of birth?

Do you have other documentation with the correct date of birth?

Did you explain any of this already in your application, or did you just use the passport with a different date?

yes i have hand written application which i sent to the embassy requesting the change.
yes i have my birth certificate with crrect date of birth.

yes i have many other documents stating the correct date of birth eg,pakistani ID card,Romanian Residence card,High school certificates,medical college degree,birth certificate.

i didnt explain anything as of yet,neither did they ask,they just took all my passports and refused.

i am going to get one paper from pakistan embassy that the change of authorised and legal,then i am going to appeal.wish me luck

You should definitely appeal. Include a clearly written letter and timeline of when your passports were issued, when you corrected the DOB, when you applied for RC, etc... And include photocopies of all your documentation with the correct DOB.

Directive/2004/38/EC wrote:You should definitely appeal. Include a clearly written letter and timeline of when your passports were issued, when you corrected the DOB, when you applied for RC, etc... And include photocopies of all your documentation with the correct DOB.

Thank you for the advice.i have sent my appeal documents today to warsaw poland.how long do you think it may take?

The Entry Clearance Manager might remake the decision in your favour in which case you will have the FP in about six weeks. That is quite rare.

About six months until a hearing of the appeal, and if you win, two or three months after that for the system to get around to stamping the FP in your passport.

If you win your appeal, and the Home Secretary appeals against that win, allow another six months to a year before you get the FP.

If it is referred to the ECJ perhaps another two years....

If you are in a hurry, you could try presenting yourself, with your EEA spouse and a really full set of documentation, to an Entry Clearance Officer at a port. (The Eurostar Terminal in Paris is a favourite, but on arrival in the UK from the Republic of Ireland would be another good choice. Stupid won't let you board without the FP). Read elsewhere on this site threads about spouses entering without an EEA FP.