EEA2 for overstayer - help!

[clipper]

I am Polish citizen living and working in UK from 2001, registered with Accession State Worker Registration Scheme. My boyfriend is Australian living in UK 7 years, we have been living together over 6 years now. We would like to sort our situation out applying for EEA2 family permit for him and I would like to check if it’s possible with him overstaying his visa for over 5 years . The only reason he overstayed was our relationship, we could not move to Poland or to Australia at this time and now we both have jobs here and are settled in the UK. As we have been living here so many years our life is connected to this place, our work and our friends are here and we can’t imagine living anywhere else.
We would like to get married in the near future but first we need to get his visa sorted.

I spoke to the lawyer and was advised that there is case law which indicates that a family member of an EEA national should be given leave regardless of their status in the UK at the moment, but she didn’t explain anything else. I would like to check if you could let me know what are the chances of getting EEA2 visa granted and what are the implication of him overstaying his visa.

[Koryo]

The Home Office in principle almost always refuses "durable relationship" applications lodged by the partners of European Nationals who are illegally in the United Kingdom, even where they have been together for two years or more. Appeals have apparently been fought and won on this but there is no guarantee that they will be won. Since "durable relationships" are considered an inferior form of relationship under European law, the government has more ability to make its own rules on this.

What can be possible, following the Baiai decision in 06/07 (if the couple want it) is to obtain a CoA and enter into civil partnership while the "durable relationship" application is pending since the Home Office almost certainly will then grant five years' right to be here to the civil partner or spouse of a European national.