EEA FP refusal - Irish/UK ctizen

[sum1]

Fortunately that's not my case.

I am just still trying to understand why the refusal letter would claim that the spouse is not an EEA national. I assume the ECO went by the 2012 amendments in 2(1)(d), which now excludes UK nationals from the definition of 'EEA national', but then ignored that Regulation 9 still stands. The definition of 'EEA state' in Regulation 2 appears to not have changed.

Rethinking that now I guess the Irish citizenship would be ignored in any case.

[Directive/2004/38/EC]

I am just still trying to understand why the refusal letter would claim that [...]

Unfortunately some of the ECOs making these decisions are very poorly trained and do not understand EU free movement law. At some point you just have to laugh, rather than even trying to understand. And then you have to learn, and then fight back with the law.