EEA FP refused

[Kumar1038]

Hi My wife EEA FP made under SS route was reused with out appeal rights .
The reason for refusal is : Sponser haven't submitted his British Passport .But we have uploaded sponsors passport on TLS website and we have for this and we mentioned in our cover letter too that we are submitting the sponsors British passport .The ECO didnt check my application properly .

Is there anyway i can appeal this decision . please advice .

below is the ECO reusal letter:
The Decision
 You state that your husband is a British Citizen. You have not provided evidence that your sponsor holds British citizenship.
 Regulation 21(5) of the Immigration (European Economic Area) Regulations 2016 states:
NOTICE OF IMMIGRATION DECISION
In compliance with the Immigration (Notices) Regulations 2003 made under section 105 of the Nationality, Immigration and Asylum Act 2002
REFUSAL OF EEA FAMILY PERMIT
Where an application for documentation under this Part is made by a person who is not an EEA national on the basis that the person is or was the family member of an EEA national or an extended family member of an EEA national, the application must be accompanied by a valid national identity card or passport in the name of that EEA national.
 You have failed to provide evidence of your sponsor’s identity in accordance with Regulation 21(5) of the Immigration (European Economic Area) Regulations 2016. I am therefore, not satisfied that your sponsor is a British Citizen in accordance with Regulation 9(2) of the Immigration (European Economic Area)

[Obie]

You are entitled to file an appeal providing copy of the British passport and showing proof that it was indeed provided with the notice of appeal.

Alternative is to send them a pre Action protocol.

[Kumar1038]

thank you obie for your kind reply.
Will this appeal go to court or will it decided with in the Home office with out proceeding further .As it is very clear that we have submitted his passport .Just that ECO has not looked at the application carefully .

[Obie]

Well it is likely not to go further as you would have provided evidence that your passport was provided.
If it goes further due to their fault, then you are likely to succeed on single issue, rather than allowing them to raise other strange point at a later date..

[Kumar1038]

Thank you for your reply.