Hello everyone, let me do a short introduction first.
I am Finnish citizen, met my Korean wife in Australia 2008 and got married in Las Vegas in this November.
I used to live in UK 2007-2008 and we wish to settle down there because our Australian visas have expired and english is our common language.
We are currently in Finland, my wife here on tourist visa so, we don't have too much time for this kind of visa problems.


We made EEA family permit application which got refused with this wording:

"You stated on the application form that you wish to relocate to the UK. However you failed to provide any evidence that your EEA national family member WILL BE a qualified person in UK. In view of lack of evidence, I am not satisfied that you qualify for an EEA permit."
"qualified person"
Regulation 6 of the Immigration
a)jobseeker
b)worker
c)self-employed person
d)self-sufficient person
e)student
"

First i found it very strange that i was expected to provide evidence about my circumstances in the future. Then i made some googling and i found out this decision is against, not just common sense, but also Border Agency guidelines. I copied this from Home Office web page.

"Please note: because of the initial right of residence, the ECO cannot refuse someone on the basis that that their EEA national family member will not be a qualified person in the UK on arrival. However, if the ECO is satisfied that the EEA national has been in the UK for longer than three months, the ECO must be satisfied that the EEA national is a qualified person."

If i understood everything right this decision breaches my rights as an EEA national and is not in accordance with the law. Please someone correct me if I'm wrong.
I would like to know if anyone has experience or knowledge in lodging an appeal against their decision and how long that process would take?
I did some research myself and found information that the process could take up to one year.
That is not reasonable time frame for us, so would it be better to make new application and hope that the outcome will be better this time?

Thank you in advance