yes you can make a new application, and as your applying for a spouse visa, the refusal i think shouldn't effect the new application.
you might want to consider making a new application instead of it going to appeal, as the appeal process could take around 6 months, while a new application maybe 2 months or less.
if i was you, i would write a letter to the EC manager, with a printout of the website, stating that your circumstances are the same, no deception was meant, and ask them to reconsider your application and to grant the visa, as it was granted in the post by davies khan,
