Right to Reside Appeals on basis of “unlawful”

I’m dealing with the case of a 25 year old Czech woman with cerebral palsy who came to the UK with her Mother & Father in Nov 2011. Her Mother & Father have never worked in the UK, but Father claims JSA (Jobseeker) and her Mother gets Carers Allowance for looking after her as client has been awarded DLA (HRM/HRC).

Client has claimed ESA but been refused on R2R basis. I cannot see any obvious route to appeal (she is never likely to be able to look for work)  – other than possibly that all R2R decision are unlawful based on the European Commission view.

I’m curious to know if advisers are putting in appeals purely based on this with the long term view in mind?

Anyone know if there has been any movement n the possibility of the ECJ looking at it?

Though realistically the triple whammy of Benefits + Migrants + Europe means I cannot see the current Govt changing their mind any time soon.

to summarise - is anyone putting in appeals purely based on R2R being unlawful?