Dear Ryanair, for attention of Ryanair Immigration department.

I am writing this now again because the characters were too limited on the other other complains method I used.

On Friday the 23rd you refused my wife boarding on Flight FR8593, going to London Stanstead. The reason stated, that she did not have an family permit visa. I and Lawyers at Europa are perplexed as to why Ryanair seems oblivious to current EEA law and regulations. The Ryanair Immigration officer insisted three times that my wife needed the Family Permit Visa.

Ryan Air knew full well my wifes documents and status but please allow me to explain to you, the status of my wife and some points about the EEA law. My wife is an Non EEA citizen who holds a genuine Article 10 Residency Card, issued by French authorities because I, her British husband am working in France exercising my rights of free movement. Below is just a partial quote from the Home Office about current EEA law...

"Following the judgment of the Court of Justice of the European Union (CJEU) in the caseof McCarthy (C-202/13), the UK accepts valid, genuine residence cards issued by other European Economic Area (EEA) Member States under Article 10 of the Free MovementDirective (2004/38/EC), as evidence that the holder is exempt from the requirement to hold an EEA family permit."

Please contact me on 0033 643288246, or using the information from either my complaint Reference 2211393, or my reservation reference XLEG5M.

Please also feel free to read these two documents from the Home Office which clearly explain why no Family Residence Permit is required. I am surprised Ryanair does not understand these laws considering they can be found quite easily by the general public.

(http://www.scribd.com/doc/282471332/FOI-request-on-McCarthy.)

(https://www.whatdotheyknow.com/.../FOI%2034444%20response...)
Annex A of FOI response 34444
Acceptance of residence cards issued by other EEA Member States Briefing for Border Force Officers Background
1. The Court of Justice of the European Union (CJEU) case of McCarthy (C-202/13) considered whether the UK’s policy of requiring non-EEA national family members of EEA nationals to obtain an EEA family permit before travelling to the UK, in cases where those family members held a valid residence card issued by another EEA Member State, was compatible with EU law.
2. In its judgment handed down on 18 December 2014, the CJEU found that the UK cannot compel family members of EEA nationals who hold a valid residence card issued under Article 10 of Directive 2004/38/EC (the ‘free movement Directive’) in another Member State to obtain an EEA family permit in order to travel to the UK."

Please also see this quote from Europa, whos jobs are specifically to give legal advice to European citizens when their rights are not upheld.

"I refer to our telephone conversation this evening and as agreed am sending you an email outlining the substance of my advice:

If your wife holds a residence card granted by the French authorities pursuant to Article 10, Directive 2004/38/EC on the basis of her marriage to you as a British citizen exercising EU Treaty rights in France, she should be able to rely on this residence card in lieu of a visa to enter the UK. This right is conditional on her travelling with or to join you in the UK. This was confirmed by the Court of Justice of the EU in the McCarthy case, C-202/13 and was adopted formally in the UK under the Immigration (European Economic Area) (Amendment) Regulation 2015 SI No 694 which came into force on 6 April 2015.

The effect of these Regulations is that EEA Family Permits are no longer required in circumstances where a valid residence card issued under Article 10 of the Directive is held by a non-EEA national accompanying or joining an EEA national exercising free movement rights in the United Kingdom.
"
Also Europa then writes...
"While I do not anticipate that your wife should encounter any difficulties in travelling with you to the UK, you are recommended to bring your marriage certificate with a view to presenting this to the authorities to confirm her right of entry with you, in the event of any lack of knowledge by them of either the McCarthy case or SI 694 of 2015."

BTW-My wife actually did also present our marriage certificate. But it was no use.

RyanAir, not only have you destroyed our family vacation, you have also upset my parents who were looking forward to meeting us and their grandchildren. My mother baked a cake for my wifes birthday, sadly we could not share that(But I'm sure it tasted lovely). My children were also confused and upset that they could not board your plane and go to see their Grandad and Grandma, Uncles and Aunties, and all their cousins too.

So I make the reasonable request that you please refund us or put the fare to the next flights, and also update your regulations to reflect EEA Law so that my wife can board the plane as she should be able to.

If I am not refunded the full amount or given the full amount towards future travel with Ryanair PLUS assurance that you will treat my wife and mother of my children with the respect she deserves by allowing her to board a plan to the UK for our family holiday to see relatives, I will seek further action through the courts and will use Lawyers as well as the "Solve It" and Europa team, and every other means neccessary to make sure my wifes rights are upheld according to EEA law.

BTW Ryan Air, please do not be scared of the fine that UK Immigration threatened you with, of £3000 for allowing my wife in. Please just stand up for what is right. I will make our case with them if or when it comes to it.

Again, I would appreciate a quick solution to this matter. So contact me on 0033 643288246, or using the information from either my complaint Reference 2211393, or my reservation reference XLEG5M.