EEA Family Permit and VISA FEE confusion.

[Patience]

This is a break down of events:

I am a non EEA Family member of an EEA National.I am holding a Residence Card and we both reside in the UK.

My lil sister applied for an EEA Family permit to join us, since she was financially dependent on us(EEA Family Relative and Non EEA Brother) from the country she is coming from.Proof of financial dependency to meet her essential needs were provided.The EEA Family Permit was rejected, citing she is not qualified.We lodged an appeal and the judge accepted our appeal, claiming she qualified for a Family Permit and should have her entry facilitated.The judge also accepted she qualified under UK Laws for dependency and that the ECO should have looked into that as well.

The Home Office appealed the decision.We were waiting on dates etc to be agreed for the appeal to a higher tribunal.Then the embassy contacted my sister and asked her to return her passport with a settlement visa fee.Embassy representatives claims the case was to be considered under a UK settlement and other dependent Visa basis.A settlement visa fee of £1800 was collected and on the receipt it was written Settlement , Other Dependent Relative Fee. However she was given a Family Permit to join her EEA National Family Member............(names printed on sticker)

The judge accepted she qualified for an EEA.She was given one at a charge. She is already here, since we took advantage of an affordable flight.

The court has not returned to us with an appeal date.Irrelevant since they awarded a visa.

However , I want to press for a refund of the visa fee.Do I have the right to a refund? What is the best way to conduct the operation?

I welcome your contributions.

[vinny]

An EEA family permit should be free.

Entry Clearance Staff are reminded that no fee is payable in respect of exempt vignettes to individuals described in ECG Exempt (EXM5), or applications made under the 2006 EEA Regulations (EEA family permits ECG European Nationals & Schemes EUN (21)).

[Patience]

An EEA family permit should be free.

Thanks Vinny.

Any ideas on how to start a refund procedure?

[vinny]

If you can show that you have suffered financial loss as a direct result of an error we have made, you may be able to claim reimbursement of the costs you have incurred. We will only consider reimbursing you for these costs if they were reasonable, unavoidable and a direct consequence of our actions - and you will need to provide evidence such as original receipts.

[Punjab]

guys do you think if the person will go to an immigration lawer then if he/she wins the case HO will have to refund all his money + lawer's fee also?

[vinny]

Probably should make a complaint first, to limit further costs.

[Patience]

If you can show that you have suffered financial loss as a direct result of an error we have made, you may be able to claim reimbursement of the costs you have incurred. We will only consider reimbursing you for these costs if they were reasonable, unavoidable and a direct consequence of our actions - and you will need to provide evidence such as original receipts.

Thanks.Will update progress

[imraniqbal2010]

This is a break down of events:

I am a non EEA Family member of an EEA National.I am holding a Residence Card and we both reside in the UK.

My lil sister applied for an EEA Family permit to join us, since she was financially dependent on us(EEA Family Relative and Non EEA Brother) from the country she is coming from.Proof of financial dependency to meet her essential needs were provided.The EEA Family Permit was rejected, citing she is not qualified.We lodged an appeal and the judge accepted our appeal, claiming she qualified for a Family Permit and should have her entry facilitated.The judge also accepted she qualified under UK Laws for dependency and that the ECO should have looked into that as well.
The Home Office appealed the decision.We were waiting on dates etc to be agreed for the appeal to a higher tribunal.Then the embassy contacted my sister and asked her to return her passport with a settlement visa fee.Embassy representatives claims the case was to be considered under a UK settlement and other dependent Visa basis.A settlement visa fee of £1800 was collected and on the receipt it was written Settlement , Other Dependent Relative Fee. However she was given a Family Permit to join her EEA National Family Member............(names printed on sticker)

The judge accepted she qualified for an EEA.She was given one at a charge. She is already here, since we took advantage of an affordable flight.

The court has not returned to us with an appeal date.Irrelevant since they awarded a visa.

However , I want to press for a refund of the visa fee.Do I have the right to a refund? What is the best way to conduct the operation?

I welcome your contributions.

Which documents did you provide when you applied, As i want to apply for my brother as well.
THNX