ICS Legal

A refusal to issue a Residence Card on the grounds that the EEA national family member is not exercising a Treaty right attracts a full „in country‟ right of appeal under Regulation 26 of the 2006 Regulations.

A refusal to issue a Residence Card on the grounds that the passport / ID card presented as evidence of EEA family member‟s nationality is forged / counterfeit attracts no right of  appeal under Regulation 26 of the 2006 Regulations.

A refusal to issue a Residence Card on the grounds of Public Policy Public Health or Public Security attracts a full „in country‟ right of appeal under Regulation 26 of the 2006 Regulations. If no evidence of the EEA family member‟s EEA nationality has been supplied then there is no right of appeal and the application is refused by letter.  ECD.3117 is appropriate.  An applicant would need to supply some form of document purporting to be evidence of their family member‟s EEA nationality before qualifying for a right of appeal under the 2006 Regulations.  The applicant must provide some form of evidence that their EEA family member is an EEA national before benefiting from rights of appeal provided under European law.

If no evidence of the non-EEA national‟s identity / relationship to the EEA national is provided the application is refused without a right of appeal.  ECD.3117 isappropriate.  The applicant must provide some form of evidence of their own identity and relationship to the EEA before they can benefit from a right of appeal under European law.