EEA FP for mother in Law REFUSED

[tonijuno]

Hello Everyone,

Unfortunately we received news that out application for a EEA FP for my mother in law has been refused.

To recap, I am a Spanish citizen in a civil partnership with a Colombian citizen, living and exercising treaty rights in London ( both of us ). We wanted to bring my partner's mum to live with us as she is alone in Colombia, divorced, and my partner is her only son. She also has some health issues that impede her from working so the only income that she is currently receiving is the western union transfers that we send her every month.

We simply send her the minimum to cover her basic needs and for that we included of budget of her expenses and some utility bills, together with all Western Union Transfers that we send ( the average monthly amount sent is slightly above the sum of her basic expenses)

We sent all relevant information regarding our jobs, bank statements, and tenancy agreements, and also notarised documents from the doctor,and from a notary stating that she is divorced and Andres is her only child.

The response from the UK Embassy was as follows:

I note that your son has been away for over a year and in that there is no evidence that demonstrate that he is not able to visit you in Colombia or reside with you in Colombia or elsewhere on a permanent basis. I also note that you have a brother and that you have been able to lead an independent adult life to date. Article 8 is a qualified right and I am satisfied that the decision is justified and proportionate in the interest of maintaining an effective immigration control.
In light of the above I refuse your EEA family permit application because I am not satisfied that you meet all the requirements of regulation 12 of the immigration ( EEA ) regulations 2006.

Can you please shed some light and let us know what's our best course of action now? should we appeal the decision or reapply? what should we mention on her appeal if we wish to do so? The brother lives in another city in Colombia about 1.5 hrs away, and they do not have much contact.
The problem with reapplying would be that our bank account went almost to 0 for a small period of time, as we had to cover some expenses regarding the application and some plane tickets to Colombia, so I guest we would need to wait another 6 months to show stable income...

I thank you in advance for your help!

[Doublestarxx]

Appeal against the decision. Your mother in law is a direct family member and has automatic right of residence provided dependency for her basic needs can be proved. I believe the case officer that looked at the case was misinterpreting eu route dependency to national dependency rules(uk dependency law).
I did bring my mom over,( am non eu) and my wife eu. I did provide my birth certificate showing my moms name on my birth certificate, marriage certificate and proof of excercising treat rights(job in this case with payslips). Also about 8months bank statement showing I send her money and about 2 statement in my wife's name that we remit money to her and she is dependent on us, and she was issued residency card here for 5years (though initially she can with visit visa and I applied from here)