eea family permit

[uptimist]

I am very new in terms of membership,but i have been a regular visitor on this forum.I must commend the initiatives of all members in help dealing with various issues.
I am a british citizen,exercising treraty right in ireland.I met my wife ( non eu) in the uk and both had 3 children.she had been living in the uk illegally when i met her and because i had always wanted to go abroad ,we decided to go to her country (ghana) for marriage and fortunatelly i got a job here in ireland.I invited her over to ireland and she got 5yr EU Stamp 4 since february 2007.She was recently refused an eea family permit visa fron the uk embassy on the basis that she had been in the uk illegally in the past.
My problem is, does been illegal in the past means that she will never be able to go to uk when her husband and her 3 children are all british citizens.
As i understand from this forum,the surinder sigh case allows us to come back to uk on a either a visit or to settle back in uk.
Based on the eu directives, are is the entry clearance officer right to prevent me wife from ever coming to the uk when her only offence she committed in the past was being in the uk illegally.
I agree there should be a punishment for illegal immigration but where does that ends?

[mym]

No they can't refuse it on that basis. EEAFPs are not regulated by the UK Immigration Rules.

What (exactly) did they put in the refusal notice?

[uptimist]

Thanks for your reply.I will copy the exact word used when i get back to ireland tomorrow night.The entry clearance officer not only wrote it down,he also made many emphasis on her previous illegality in the uk during the interview

[ciaramc]

Totally against EU rules....file a complaint, and contact SOLVIT!!!

I hate the way these ECO decide whatever they want without following the rules!!

[charles4u]

Totally against EU rules....file a complaint, and contact SOLVIT!!!

I hate the way these ECO decide whatever they want without following the rules!!

They dont care, contacting the EU and Solvit will be forever...and what abt the damages ?

[ciaramc]

Charles - I have had bad experiences with both never really got anywhere with my complaints....but some people on here have had positive feedback!!

And if nobody was to complain how will we ever get our voices heard!! THis is how these governments are getting away with it!! Because people no longer stand up for their rights!

We have already discussed this on a previous topic so no point in highjacking this post aswell!

The UK must issue your wife with a FP in accordance with the Directive, and you must complain!

[vinny]

Thanks for your reply.I will copy the exact word used when i get back to ireland tomorrow night.The entry clearance officer not only wrote it down,he also made many emphasis on her previous illegality in the uk during the interview

It would be useful to see if the refusal was based on the EEA regulations.