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I appealed against EEA2 back in August 2013, received a letter from court in November 2013 that my oral appeal hearing is September 2014. As it is a very long time to wait I wanted to apply for another EEA2. HO says that I can either have an appeal or an application, not both and when I send a new application they will ask me to withdraw one of them. On the other hand a solicitor told me that under EU law I can have both appeal and an application at the same time.
I appreciate your experience/advice in this regard.

The solicitor is correct.

Why did they refuse the application?

It's a very long story.

My EEA4 was refused for the gap between employment and self-employed which was more than 6 months( I sent proofs that EEA national was looking for work and they did not accept that.After 7 months,they said the gap was greater than 6 months(I did not know that) and they refused my PR.

Having that refusal in the middle of employment check by my employer made me to apply for EEA2 in such a rush that I just sent the docs that were available at that time and it got refused again as HO said the docs I sent should be dated not longer than 3 weeks before application date(I did not even know that).

I have seen in this forum that some people appealed in Dec 2013 and their hearing is Jun/Jul but I appealed in Aug13 and my hearing is Sep14.

Having lost my job due to visa issue, I have gathered all the docs now for the hearing. I was thinking to apply while waiting. I want to be on the safe side and to apply for EEA2.

My Question is:
Can HO withdraw my appeal or my application on its own?

Moni wrote:Can HO withdraw my appeal

No.