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Hi, Everyone.

Please help me out.

I am British citizen and I have done treaty rights in Ireland for my brother he got it 5years eufam stamp4 card.
We both travel back to UK and applied EEA EFM application.
HO refused his application and given the chance for appeal.
Now I have some question if anyone had any info or experience please share.
1st Question: Should I go for appeal or not? if yes so how many chances to win the appeal?
2nd HO not return my brother passport and eufam stamp4 card if we withdraw appeal and go back to Ireland it will be problem with us in Dublin port? As we already lived outside of Ireland around 7 to 8 months.

Please help me.
Many thanks.

Welcome.

Noone can really answer based on what you have outlined.
What was reason for refusal?

noajthan wrote:Welcome.

Noone can really answer based on what you have outlined.
What was reason for refusal?

HO, refused on Regulation 9 and 7

Can you type out the refusal letter here, taking out all personal details (such as names, etc)? When is the refusal letter dated?

Remember that there is no absolute right for EFMs to get a Residence Card.

Also the Home Office has published tougher rules for the SS route and EFMs won't qualify from 25th November onwards.

secret.simon wrote:Can you type out the refusal letter here, taking out all personal details (such as names, etc)? When is the refusal letter dated?

Remember that there is no absolute right for EFMs to get a Residence Card.

Also the Home Office has published tougher rules for the SS route and EFMs won't qualify from 25th November onwards.

Refusal issued date is 19 October 2016 but post received 26 oct 2016
I have applied this application 28 Apirl 2016

REASONS FOR REFUSAL LETTER

4. Under regulation 9 of the Immigration (EEA) Regulations 2006 (the Regulations) a non-EE national who is the spouse or civil partner or other direct family member of a British citizen may have rights under European law if certain conditions are met.
5. The following conditions must be met:
(a) the British citizen is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom;
(b) if the family member of the British citizen is his/her spouse or civil partner, the parties are
living together in the EEA State or had entered into the marriage or civil partnership and were living together in the EEA State before the British citizen returned to the United Kingdom; and
(c) the centre of the British citizen's life has transferred to the EEA State where the British resided as a worker or self-employed person.
6. It is accepted that you and your family (ie your spouse and child) lived in Ireland for a relative brief period and that your extended family member, a British citizen, exercised treaty rights i Ireland for a relatively brief period. It is also accepted that you may have resided together i Ireland. However, it is considered that you do not meet. the requirements of Regulation because you are not a direct family member of a British citizen who has returned to the Unite Kingdom after exercising treaty rights in an EEA State. An extended_ family member cannot be treated as a direct family member for purposes of Regulation 9.
7. Your application and that of your two dependents has therefore been refused under Regulation
9 with reference to Regulation 7 of the Immigration (European Economic Area) Regulations
2006.
8. It is noted from your application form that you refer to your extended family member as EE national/British sponsor. However, when your British citizen sponsor is residing in the United Kingdom he is deemed to be British citizen and not an EEA national. When your British citizen resides in another EEA State he is deemed to be an EEA national by the authorities < that EEA State.

It is a very disturbing decision and the only way to challenge it is in an appeal.

But I am surprised you were given an appeal right. The Home office knows you will succeed upon appeal.

An appeal may not be accepted, due to jurisdiction, but you can try.

The decision is totally wrong.

Obie wrote:It is a very disturbing decision and the only way to challenge it is in an appeal.

But I am surprised you were given an appeal right. The Home office knows you will succeed upon appeal.

An appeal may not be accepted, due to jurisdiction, but you can try.

The decision is totally wrong.

how can i win as my research says British citizen extend family can't apply for efm application under regulation 9.

Do you have information who won this case?

Also i am thinking to go back ireland.

Please suggest.
Thanks