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European decisions : right to appeal

An appeal against an EEA decision can be lodged by an EEA national or an EEA family member where they provide specified evidence. An EEA family member is: (a) his spouse or his civil partner (b) direct descendents of his, his spouse or civil partner who are- (i) under 21; or (ii) dependents of his, his spouse or his civil partner; (c) dependent direct relatives in his ascending line or that of his spouse or his civil partner. Right to appeal for extended family members? Following the case of Sala IA/44409/20013 an extended family member does not have a right of appeal where we refuse to issue them with a residence card, an EEA family permit or registration certificate unless they have previously been issued with and still have a valid residence card, EEA family permit or registration certificate. Where an extended family member has previously been issued with a residence card, EEA family permit or registration certificate and that documentation has been revoked, such a person will have a right of appeal against that decision provided they satisfy the conditions in regulations 26(2) to (3A). Consequently, where that person is not an EEA national and claims to be an extended...