refusal EEA FAMILY PERMIT

[Jeff Albright]

You know, if you are really that confused, you can actually do both. I don't think there is anything against appealing the old application and also re-applying a new one while the appeal process is going on. I do not know very well about it, so I will let someone with practical experience verify.

I am afraid it is not quite the case.
If her husband is granted leave to enter by a subsequent application and the appeal is still pending at the date, it will be considered withdrawn. Of course, if he is refused again, then the appeal will still be considered as pending.

[Docterror]

I am afraid it is not quite the case.

Thanks for the info. But practically speaking, is there any difference between this and what I suggested?

[agni]

Thank You very much!

this is his refusal notice :


in compliance with the immigration(notices) regulations 2003 made under section 105 of the nationality, immigration and asylum act 2002



"however , on your visa application for you have claimed only to have visited the UK in 2007 and at interview you twice stated to entry clearance officer in answet to his that you have never been to UK before 2007.
however as result of Biometrics fingerscan, records held in the UK indicate that you have, in fact previously been in the UK in 2002 using your identities. i consider that you attempt tho hide that you were previously in the UK has seriously damaged you credibility and casts doubt uopn your whole applicaton"

there is no law paragrafs.

my question is that it is worth to fight with appeal? any way he hide so this is my husbands fault, can you see any chances of sucess?

still we havent't done anything, we are out of UK, so we are unable to attand hearing, just i want to know if its worth, coz we dont have any solicitor, we have to write appeal ourself.

[Jeff Albright]

I think you should appeal, as I don't see much of lawfulness in this type of refusal. Section 105 of the IMA 2002 lays down regulations on the way an applicant should be notified of an immigration decision.

The refusal notice should clearly address in reference to the relevant rules why the applicantion is refused. This sort of refusal notice lacks that. I think it is not in accordance with the law. I don't think the ECO had the legal power to refuse an application merely because your husband withheld a piece of information if all the standard rules had been met (apparently they were because there was no reference in the refusal notice). Moreover, I do not think this piece of information (whether he has been in the UK previously or not) is material to this sort of application. If all the other rules are met, your husband qualifies for admission in the UK, the EC should have been issued and the ECO's decision should be rendered unlawful.

Therefore, you should appeal.

You may also wish to lodge a new application but you are advised to write a cover letter explaining why you believe that the previous application has been refused unlawfully and ensure all the Immigration Rules in respect to the entry of spouses of EEA nationals are met (ensure you provide all the evidence).

Good luck!

[agni]

Thank you very much for advice

Regards.