EEA Family Permit for British

[uddy]

I am British and worked in Portugal for 6 years. I lived with my Angolan partner for more than 2 years. We could not get married as she previously married in the Angolan Embassy in Portugal and it has been >4 trying to get a non-contested divorce* (corruption in Angola is problem). We have a young baby together, 4 months old, British. Them, and her Portuguese daughter from the previous marriage, are all 100% dependent on me (they have no social security there).

Our EEA family permit has been denied because:

(i) I am British
(ii) We are not married

Point (i) is relatively new: British people could previously use EEA family permits, but somehow they consider British to be non-European. As far as I am aware, this is breaking the Amsterdam Treaty Article 2.9 "Every person holding the nationality of a Member State shall be a citizen of the Union".

Point (ii) seems to be the problem between the British Law, which requires marriage (although even on the Borders Agency website, they say it can be an enduring relationship, in British law, this is not the case). This contradicts Directive 2004/38/EC which allows enduring relationships to be counted as partners.

Questions:
1. Am I correct that the UK is breaking the law, and we have the right to be together as a family in the UK?
2. Do I have to take them to court, and will this be a long time and expensive? (it is difficult financially and psychologically as I am supporting a family in another country).

It seems crazy that because I am British I have less rights to bring a family into the UK than a non-British European.
Thankyou

(*) our hope was that if she can stay in the uk for 6 months, the divorce could be done here, and we could marry.

[Casa]

Using the Surinder Singh route being British shouldn't be a reason for refusal. Did you submit evidence that you have been working in Portugal and living there together? Also this passage on EEA2 guidance also confirms that you can apply as Unmarried Partners:
Unmarried partners: If you are living with a partner who is not your spouse or civil
partner, you must provide evidence that you are in a durable relationship with them.
You should ideally demonstrate that you have been living together for at least
2 years. (Generally you can meet this requirement by providing joint bank or building
society statements, joint tenancy agreements, council tax bills or evidence that you are
both paying utility bills at the property where you reside.)

[vinny]

See also Rolfus' awful warning.

[Obie]

Utterly crazy. It is clearly unlawful.

Why cant she apply for an EEA family permit on the basis of the Portuguese daughter.

That will be much more straightforward i believe.