EEA VAF5 FAMILY VISA REFUSED

[mega02]

Hi Gurus

My unmarried partner has been refused entry clearance in (South Africa)

1) Reasons are that she does not meet the criteria of EEA family having applied as an unmarried partner.

2) That we have no proof of actually living together in France or living together anywhere. (honestly she mistakenly omitted to include his evidence, "silly we")

3) That you were not living with your partner in an EEA country or any other country.

I am a UK citizen who was working in France for 1 year. My partner visited me in France for 1 month while expecting our son and my conttact came to an end so we left France together, she fle back to SA to deliver our son (now 8months and a British Citizen passport issued )and I followed her 8 weeks later via UK.

We have been together for over 2 years but only lived like husband and wife for 7 months of the time together, which includes 6 months continuously to Oct. 2010

I have prepared an appeal including the documents missed out on the original application.
I am aware of

SET5.11 What if there are compelling and compassionate circumstances?
Where there are compelling compassionate circumstances the following applications in respect of unmarried or same-sex relationships may be referred to NCC2 for consideration outside of the Rules:
where there are children, and/or
the relationship may be less than 2 years’ duration.

also: Rights children Chapter 8 ?

Please urgently assist with any infor you can.

Is it worth appealing or do a fresh application?