Need help understanding FTT decision

I had my FTT hearing regarding EEA4 refusal two weeks ago, and I received the determination today, which was that the appeal was dismissed. My solicitor is on vacation, so I can't ask him for clarification and I'm a bit confused. It was dismissed on the ground that for about a year and a half, my EU husband was a carer for our son (we have two disabled kids), no longer qualified as exercising Treaty rights, etc. What confuses me is this. In the determination, the judge states that if there had been Removal Directions, he would have allowed the appeal under Article 8, but as there are no Removal Directions at this time, there's no need to do so. Anyone know why this is? I guess I didn't know that there had to be a threat of removal in order to engage Article 8. So, on the face of it, does that mean I'm just to live in legal limbo until such time that the Home Office tries for removal? And what if they don't? I know I have other options like going for permission to appeal to UTT, etc. I'm just really confused. Alongside this, I'm applying for Irish citizenship, but as that's not a guarantee, I need to keep pursuing this also. So frustrating.

Well that is what the tribunal usually does. When there is no removal decision, the sometime ignores the EEA regulation.

You have 5 working days to appeal.

How long had your husband been working before he became primary carer? Has he got a period of 5 years residence at anytime in the past?

He had been working for 5 years at the same job here in Northern Ireland, from Oct 2004 to Nov 2009, and then was made redundant. He was on JSA for six or seven months after that, and then Carer's allowance as our sons carer from then until now. My residence card was from 2007-2012. In the late 90's, he attended uni in Birmingham for a year, and then worked in pubs for a year or so before returning to Ireland.

Then the Judge erred in law in refusing your appeal, and your rep ought to have brought this to the attention of the Judge.

In any event, you can make an appeal now before the deadline is passed.

You cannot use a defence that your rep was away.

You could make an EEA2 application and get Hubby to make an EEA3 application at the same time, he is applying for evidence to show he has permanent residence already having worked for 5 years. As a result you can apply for another 5 year residence card and if he has the EEA3 processed you have no need to prove he is exercising treaty rights.

Alternatively you make a fresh EEA4 application and make sure you apply on the basis of his permanent residence already evidenced by his work history from 2004-2009.


Appeals are stressful, expensive and not always necessary.