European decisions : right to appeal - ICS Legal Blog

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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previously been issued with a residence card, EEA family permit or registration certificate and that documentation has been revoked, such a person will have a right of appeal against that decision provided they satisfy the conditions in regulations 26(2) to (3A).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 family member by virtue of being in a durable relationship with an EEA national, that person will only have a right of appeal where they satisfy the Secretary of State that they are in a relationship.

EEA decisions are governed by the EEA Regulations. The EEA Regulations have been amended to reflect the legal position on appeals as set out in the Immigration Act 2014.

An EEA decision made on or after the 6 April 2015 is governed by the revised EEA Regulations. An EEA decision made before 6 April 2015 is governed by the EEA Regulations in force before 6 April 2015. The section below looks at the scope of EEA appeals and what documents are required to bring an appeal under the EEA Regulations following the changes that came into force on 6 April 2015.