I would suggest you appeal the decision on the basis of the case of Surinder Singh which was a 1992 ECJ case ECR I-4265 that upheld the conclusion of the Immigration Appeal Tribunal (as it was then called) that where there has been a genuine exercise of Community Rights the returning national and non-national spouse are entitled to any more favourable treatment provided by Community law, despite the fact that there is also a right of entry under national law.
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