The appeal rights for the Extended family member (EFM) of an EU national has a complicated history when first the Upper Tribunal ruled that it did not exist in 2016, which was over turned by Court of Appeal a year later.
On 2 July 2018, The Court of Justice of the European Union’s gave its ruling in the Banger case. On the issue of whether it is compatible with Directive 2004/38/EC to operate a rule of national law which precludes an appeal to a court or tribunal against a decision refusing to issue a residence card to a person claiming to be an extended family member, the CJEU held that a national court must be able to evaluate whether the refusal decision rests on “a sufficiently solid factual basis” and whether the decision-maker complied with the requisite procedural safeguards governing any denial of entry or residence.
The Home Office recently also requested the claimant in response to a judicial review challenge to withdraw on the basis that the 2016 regulations will also be changed to allow appeal rights. Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 were laid before the parliament on 07 March 2019 and Appeal rights are expected to be implemented within 21 days of this.