EEA FP for dependent non EEA parents rejected

[Samelamin]

Hi All

I was wondering if people can help me on this

I am a non eea family member with a PR issued last may, I am married to an EU citizen from Lithuania who also has a PR


I applied to get my non eea parents to come to the UK via a family permit and it was rejected on the basis that we did not provide financial dependency

However we also submitted evidence of remits from myself to him over 18 months, but the wording on the letter is that my father did not provide evidence of his situation

My dad lives in Sudan and does not use a bank, he accepts cash transfers and uses that to survive, they live in an shared inheritance house but apart from my funds he has no other source of income


How does one prove that he has no source of income if he is retired with no bank accounts and the country is virtually all cash based?


Finally another reason for rejection is they claim there is no relationship between him and his daughter in law - the eu family member. We could not find a birth certificate but we submitted an official document needed to apply for passports that lists my full name and my father and mothers name. I also submitted a marriage certifate to prove the relationship to the mother in law


I realise you need the exact wording of the rejection letter, when I get it I will post an update with it later tonight


Help on this would be greatly appreciated



Regards
Sam

[Samelamin]

sorry I had a typo there, i sumbitted the marriage certificate to prove that my parents are actually family members of an eea national.

[Obie]

Probably you could file an appeal.

[Samelamin]

Probably you could file an appeal.

I was going to do that but they ignored the marriage certificate provided and said

"Your application does not attract a right of appeal under regulation 26 as you have failed to supply any evidence off your identity that you are related as claimed to your EEA national sponsor"
FYI the marriage certificate has my wifes name, my name and my fathers name. Surly thats enough evidence to prove a relationship?


So it seems I can only get them to reapply and attach a note explaining this

Does anyone see any alternative?

[Obie]

You may file an appeal and get the tribunal to deal with the jurisdictional point if they wrongly refused to confirm your appeal rights, which appear to be the case here.

[Samelamin]

How can I appeal if I have been given no rights to appeal exactly? do i reapply and state the mistakes and ask for reconsideration?

[Obie]

Appeal is a right provided by law and not one conferred by the Home Office.

If a person provided ID and proof of their relationship to an Entry clearance officer, and the officer refuses to recognise their appeal rights, then those people are entitled to plead their case directly to the FTT.

In the circumstances of your case, the chances of success is very high as you indeed provided the marriage certificate.

[Samelamin]

Understood. But what is the process? As this was an application made in Sudan. Do I get in touch with the first tier tribunal here?


Is there a site documenting the procedure to appeal when no appeal process is given? Or is there a site with guidelines to the process?

Also are appeal timescales different for eea fp compared to PR?

Because when I wanted to appeal my original pr rejection it took 18 months to get a hearing
While this decision took less than 2 weeks from time of submission


Perhaps you mean a visa administration review?

https://www.gov.uk/ask-for-a-visa-administrative-review

Ask for a visa administrative review
You’ll be told in your application refusal letter if you can ask for the decision on your visa application to be reviewed. This is known as an ‘administrative review’.

You can only ask for an administrative review if all of the following apply:

you’re outside the UK
you applied outside the UK
your application was refused on or after 6 April 2015
you don’t have a right of appeal against the refusal
you didn’t make an application as a visitor or a short term student

[Samelamin]

FYI this admin review says its only for Tier 1 to 5 visas and not EEA FP, so should I be using it?


Details
Use this form if all of the following apply:

your visa application was refused and you want to request an administrative review of the decision
you’re outside the UK
you applied for a visa under Tier 1, 2, 4 or 5
Read the guidance notes before you apply.

[Samelamin]

Is this the appeal you meant obie?

Can anyone else please advise?

[Obie]

It is not. Admin review is different from appeal under the EEA Regulation. Admin review is not available in EEA cases

[Samelamin]

It is not. Admin review is different from appeal under the EEA Regulation. Admin review is not available in EEA cases

I understand it isn't for eea applications. I believe it's because eea applications have a right of appeal and the eco did not recognise my father's relationship and gave him no appeal rights

But if isn't the right process. what is my appeal process? Do you have any guidance on where I should go to appeal?

When you say get in touch with the first tier tribunal. Do you mean write them a letter?

[Obie]

You fill notice of appeal and the reason why you have a right of appeal and the ECO was wrong to state otherwise. The matter is then passed to a senior judge who examines the points. He will then permit the appeal to proceed and you will be asked to pay a £140 or £80 as the case may be.

[Samelamin]

You fill notice of appeal and the reason why you have a right of appeal and the ECO was wrong to state otherwise. The matter is then passed to a senior judge who examines the points. He will then permit the appeal to proceed and you will be asked to pay a £140 or £80 as the case may be.

I see and is this something I can do for here to expedite the process. I.e something that can be done online

Or do I have to have my father fill out the form and submit it at the embassy to be forwarded on to Pretoria?

I would like to be able to represent him here in the UK if at all possible

[Obie]

You may put yourself down as sponsor. This is accepted and can be done from within the UK.

[Samelamin]

You may put yourself down as sponsor. This is accepted and can be done from within the UK.

Last question do you know if paper appeals are faster to process that oral hearings?


Perfect I'll get in touch with the first tier tribunal tomorrow to look at timelines

Thank you ever so much for your help in this difficult time Obie

[Samelamin]

Actually Obie I believe you might be incorrect with regards to administrative review, this pdf about right of appeal state that in a situation when an ECO does not provide a right of appeal then I am entitled to apply for administrative review

I hope this helps anyone going through the same thing


https://www.gov.uk/government/uploads/s ... l-v6_0.pdf


"Rights of appeal exist against the following decisions:
• refusal of a human rights or protection claim and revocation of protection status
- appeal rights are in Part 5 of the Nationality, Immigration and Asylum Act
2002 (the 2002 act)
• refusal of a visa and refusal to vary leave to remain, in some situations, where
the application was made before the Immigration Act 2014 was in force
• refusal to issue a European Economic Area (EEA) family permit as well as
certain other EEA decisions where appeal rights are in Regulation 36 of the
Immigration (European Economic Area) Regulations 2016
• deprivation of citizenship whereby Section 40A of the British Nationality Act
1981 applies

Where there is no right of appeal, it may be possible for a person to apply for an
administrative review of a refusal of an application if it is an eligible decision and it is
alleged that a case working error has occurred. These concepts are defined in
Appendix AR of the Immigration Rules and the guidance on Administrative review"

[Obie]

I did not make a mistake. Admin review is provided for in the immigration act 1971 as opposed to the EEA Regulation which has different procedure.

What that statement means is that those people like tier 1 , 2, 5 for whom there is no right of appeal in law, can take advantage of it.

That is very different from your case, where the law provide for a right of appeal subject to you providing evidence of relationship, but you were wrongly denied, as the visa officer took the mistaken view that no evidence of relationship was provided. This is a complex area of law.

I am not sure I have been able to explain in a way you understand.

[Samelamin]

Hi Obie

Its fine you have explained it in a crystal clear manner, the confusion is because that paragraph is from the summary rather than the EEA specific part

Thank you very much for taking the time to answer my persistent questions. I got in touch with the first tier tribunal and they confirmed I can send a letter for the judge to review the decision and that takes up to 3 months for a judge to allow an appeal to go through or not

But even assuming a judge allows the appeal to go through it takes a further 12 months for an appeal date

so its a matter of waiting up to 15 months in total, and I have a feeling a new fresh application with a cover letter will not help as the details have not changed and we do not have a bank account to prove my fathers "situation"


So I will wait on the administrative review and at the same time send over a letter for the judge


Thanks again for your help and I hope no one has to go through what we are going through, but if they do atleast they can find some help here