Family permit refused- Appeal or Reapply

[njoseph]

Dear all,
I applied for my non-EEA father's family permit from Ireland but it got refused on two basis. One objection was on documents related to relationship proof. I can address that easily. The other objection was not having enough evidence on financial or whole dependency. The reason was that My brother and I jointly applied for his dependent visa in Ireland(we both are irish). My brother later migrated to another country. My father has always been my prime responsibility. I am optimistic that I can give evidence of my brother's move and hope that it will satisfy the visa officer.
I have to start my job very soon in UK and now due to this rejection I cannot leave my father alone in Ireland and move my family.
Should I reapply or appeal? which one will be the best way forward in this case? I would appreciate your guidance in this matter.

[vinny]

Do both?

[njoseph]

I did not get that.
In theory, it seems possible but It seems odd and risky too.

[njoseph]

Hi Vinny
Do you know how long the appeal process can take please?
Thank you

[Yingette]

I am no lawyer, but I hired one for my own FP rejection. What she told us is that: appeal is based on already submitted documentation.
that means that you can't go appeal with new documents. For that reason, I would always choose to re-apply, as you can produce new documents. However, keep in mind that the officer reading your second application will look at the first one first, so you really have to address all their concerns.

[vinny]

See also APL7.5 Post decision evidence.

[Obie]

See also APL7.5 Post decision evidence.

Vinny i don't 85(5) is applicable to EEA Appeals under Regulation 26.

this person's lawyer is clearly wrong on what he told him, as new evidence can clearly be provided in EEA family permit decision, and it will be an error of law if a judge refuse to have regards to it.


Also see Boodhoo (EEA Regs: relevant evidence) Mauritius [2013] UKUT 346 (IAC) (18 July 2013).

[njoseph]

Thanks Yingette
I spoke to a lawyer today and he suggested re-applying as well. His reason was that appeals can take really long time so better to start with a new application addressing all the concerns raised in first rejection by first case worker.