Refusal of EEA Family Permit with no right of appeal

[Lara1234xox]

Hello,

I am a British citizen and my husband is an EU citizen. We made an application for my mum under family member of an EEA and she got refused with no right of appeal on 8th JAN 2021, she's currently in the UK. I have the original copy of my birth certificate and they should have requested if needed.The DNA company we used “Dad check gold”.They have held ISO/IEC 17025 accredited laboratories and accredited by the Ministry of Justice since 2008 - Complement Genomics Ltd t/a dadcheck. I believe that the case handler failed to conduct their due diligence before refusing the application. Please help on how to move forward from this!!!

Reasons why your application has been refused
we have determined that you have not provided adequate evidence to show that you qualify for a right to reside as the family member of your EEA sponsor. You have provided a photocopy of a birth certificate show your relationship to your daughter and EEA sponsor. This department cannot accept photocopies of birth certificates. In order to consider evidence of relationship we require to see original copy.

Furthermore, you provided DNA evidence submitted from "Dad check gold" to prove a biological relationship. you have not provided sufficient evidence which shows this laboratory to hold appropriate accreditation ( i.e to either ISO/IEC 17025 or ISO 15189 and a schedule of accreditation) for us to take account of the DNA evidence you have provided. Guidance on volunteering DNA evidence can be found at https://www.gov.uk/government/publications/dna-policy. The easiest way to find an accredited laboratory is to use one listed on https://www.gov.uk/get-a-dna-test. As we cannot accept DNA evidence from a laboratory without suitable accrediation,we cannot accept the DNA evidence that you have volunteered.

As we have been unable to confirm your relationship to your EEA national sponsor, no further consideration has been given to other evidence that you have supplied in support of your application and your application falls for refusal.

[vinny]

If you used Complement Genomics (Dadcheck) to test DNA, then it’s included in their Accredited testing laboratories list.

Accredited testing laboratories
The government accredited testing laboratories are:

Alpha Biolaboratories (AlphaBiolabs)
Cellmark (Orchid Cellmark Ltd)
Complement Genomics (Dadcheck)
....

Apparently, if they are unsatisfied with a copy of a birth certificate showing family connections, then there’s no right of appeal, as they expected the original?

Reapply with original birth certificate, etc. Point out previous errors with Accredited testing laboratories.

[Lara1234xox]

Thanks for your prompt response.

My understanding is you cannot apply for EEA Permit post 31st dec , is that correct ?

[vinny]

It’s still possible to apply for an EEA family permit.
An alternative may be the EU Settlement Scheme family permit.

[secret.simon]

My understanding is you cannot apply for EEA Permit post 31st dec , is that correct ?

You can't apply for EEA Family Permits for Extended Family Members. You can for family members (spouses, children and parents/grand-parents).

she's currently in the UK.

@vinny, if the mother is already in the UK, should she not be able to apply directly for the EU Settlement Scheme?

[vinny]

Probably yes! What documents did she use to enter the UK without an EEA family permit?

[Obie]

Apparently, if they are unsatisfied with a copy of a birth certificate showing family connections, then there’s no right of appeal, as they expected the original?

I am not sure if that is correct, and if it is, I will be troubled if regulation 36(4), can be applied in such a way so as to prevent a person who present a Birth Certificate, the authenticity of which the Secretary of State is disputing, from being able to appeal against that matter, in circumstances where a judge could realistically find in that person's favour.

If that is a correct position, then there was no jurisdiction to hear the countless marriage certificate cases which the Home office have challenged on validity and authenticity grounds and loss.
It is my view, that regulations 36(4) could only have effect if no birth Certificate was presented at all.

[vinny]

Yes. Is this a case where the caseworker’s EEA family permit Guidance and Right of Appeal Guidance were more restrictive than the Regulations?

[vinny]

If submitting a foreign document, such as a birth or marriage certificate, then I suspect they prefer that such document are translated, when necessary, and legalized.

[Obie]

One does not have enough information to form a proper view unfortunately.

[Lara1234xox]

The foreign document provided- my birth certificate in my country is usually issued in English, therefore translation is not required. Home office should have requested for an original copy and this could have been provided rather than refuse the application and also The caseworker failing to conduct adequate due diligence on the DNA provided for one of their accredited laboratories. By the way, the application made was for residence card- EU family member. I’m stuck on what to do now because the decision letter has rights of no appeal. Can we apply for EUSS even though the family member application was not granted? Please help !!

Thanks

[vinny]

I think possible.