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El Patron, you are a chest of wisdom but I am too slow to capture it all. What would be your suggestion to approach this situation?el patron wrote:It should be as no decision has been given upon the application as submitted, rather you got a decision in respect of an extended family member, if they want to refuse the justification should be based on the correct category of application. But as you have experienced, the quality of decision making can be poor/bizarre even at the ECM level.
a.s.b.o wrote:This is a request for reconsideration of refusal to issue EEA Family Permit (EEA FP) to Mr **** (GWF***). REWRITE this sentence.
1. ECO, in the decision dated 24 April 2015, miss-applies the Immigration (EEA) Regulations 2006 and uses the wrong test in order to refuse ***** EEA FP application. Specifically, ECO relies on section 8 of Immigration (EEA) Regulations 2006 in order to reach the decision of “not being satisfied that you [APPLICANT] an extended family member in accordance with Regulation 8 of Immigration (European Economic Area) Regulations 2006” (see GV51 EEA, p. 2, paragraph 3).
2. Instead, the application should have been considered under section 7 of Immigration (EEA) Regulations 2006 and the relevant test should have been applied. Section 7 of Immigration (EEA) Regulations 2006 sets out the person that shall be treated as family members and this includes:
• (7) (1) (c) dependent direct relatives in his ascending line or that of his spouse or his civil partner;
3. The ECO, in arriving at the refusal decision, states that the following documents were considered: (1) personal circumstances, as declared in the application form, (2) family circumstances and, (3) the supporting documents provided (see GV51 EEA ROA, p. 1, paragraph 3). In fact, the mentioned evidence explicitly demonstrates that Mikhail Ageev applies for EEA FP in a capacity of a direct family member of EEA national (sponsor):
(1) Part 7 of the application form states that ***** applies to join *****b in UK, who is EEA sponsor and is a grandson of the applicant (Questions 95, 104 and 128 of the application form).
(2) Alongside his application form, the applicant provided evidence of his direct relation to EEA sponsor (see section 1 of cover letter dated 15/04/2015, page 1), namely:
(1) An original birth certificate of [DAUGHTER], showing [APPLICANT] as being her father;
(3) An original birth certificate of EEA sponsor, demonstrating [MOTHER] as being his mother;
4. Evidence of relationship of [MOTHER] to the EEA sponsor was previously established at the time of the First-Tier Tribunal hearing (determination promulgated 1XXX/2014) and was provided with this application. This evidence was not challenged by ECO. Further, evidence of relationship of EEA sponsor to the applicant was provided with this application. This evidence also was not challenged by ECO. Entire documentary evidence above) stands as an unchallenged confirmation by which [applicant's] relation to EEA sponsor should have been considered under Section 7 of Immigration (EEA) Regulations 2006.
5. Section 12 of Immigration (EEA) Regulations 2006 further states that EEA FP “must issue an EEA family permit to a person who applies for one if the person is a family member of an EEA national” and
(12) (1) (a) (i) the EEA national is residing in the UK in accordance with these Regulations;
(12) (1) (b) the family member will be accompanying the EEA national to the United Kingdom or joining the EEA national there
6. The ECO, in arriving at the refusal decision, states that the following documents were considered: (1) personal circumstances, as declared in the application form, (2) family circumstances and, (3) the supporting documents provided (see GV51 EEA ROA, p. 1, paragraph 3). In fact, the mentioned evidence explicitly demonstrates that the applicant will be joining EEA sponsor in UK, who resides in UK in accordance with Immigration (EEA) Regulations 2006 in employment and self-employment capacity.
(1) Part 7 of the application form states that the applicant is joining an EEA sponsor who resides in UK;
(2) Part 7 of the application form states that EEA sponsor exercises treaty rights in UK in self-employment capacity (Questions 113 – 124);
(3) Alongside his application form, the applicant provided evidence of EEA sponsor’s residence in UK in accordance with Section 4 (1) (b) of Immigration (EEA) Regulations 2006 (see section 2 of cover letter dated 15/04/2015, page 1), namely:
(1) Certified copy of EEA sponsor’s Registration Certificate of an EEA national (UKF***), which confers that The Secretary of State accepts him as a qualified person;
(2) Evidence supporting EEA sponsor’s employment and self-employment status in UK at the First-Tier Tribunal held in **** 2014 (paragraph 14, page 5 of the decision);
(3) Evidence of EEA sponsor’s self-employment status (invoices, billing confirmations);
7. Above evidence establishes that the applicant will be joining EEA sponsor in UK, who resides in UK in accordance with Immigration (EEA) Regulations 2006. This evidence was not challenged by ECO. It should be stated that there are no further requirements under Immigration (EEA) Regulations 2006 for issue of EEA FP, given applicant’s relation to EEA sponsor (Section 7 of the Regulations) and the qualifying status of EEA sponsor in UK (Section 4 of Regulations). Accordingly, provided evidence establishes that [applicant] satisfies conditions identified by the Section 12 of Immigration (EEA) Regulations 2006 and according to which EEA FP should be issued.
8. We contend that EEA legislation is a highly complex area of Immigration law. The grounds for this reconsideration request is miss-application of the Immigration (EEA) Regulations and application of the wrong test by ECO in order to make a decision regarding issue of EEA FP to [applicant]. We resolve to EMC review in order to rectify errors in ECO’s decision. We kindly ask you to review the application and to re-consider it favourably.
Signed
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