Travelling while visa application in progress

Hi, I'm a UK citizen with a non-EU spouse - we are currently applying for his visa. The visa was actually just rejected because the Home Office didn't think there was too great an obstacle for me to relocate to his home country instead, but we have applied to appeal and are now waiting for a court date.

Our issue is that my parents are currently on holiday in Spain, and my father has had a stroke and is now in a hospital over there. My mum is desperate for some support over there so she is not alone, but because we are appealing for my spouse's visa, we don't have our passports or any proof of marriage/evidence etc.

My question is, do you think it would be possible to get our passports back and travel to Spain under the EU family members rule, even while his visa is in the appeal process. And if there is provisions for that kind of thing, do you think it would take long? It's obviously a time sensitive situation.

I think if we had our passports and evidence we would surely be able to travel, from the research I've been doing online. So another question would be, if a visa is rejected, do the home office immediately send back all the documents to our solicitor? And would she need to send them off again for the appeal? Because if not then our documents might be sitting in our solicitors office currently.

As this looks like an family emergency matter, you may be able to get the passports sent back, however getting to the case worker and retrieving the passports is very frustrating. Secondly everything will be on hold till you resubmit the documents.

If you already paid your solicitor for your case then he/she will be able to answer your questions?