Jean Charles de Menezes' cousin has said the family are "very disappointed and sad" at the ruling from the European Court of Human Rights to uphold a decision not to prosecute the officers involved in his death.
However, Patricia da Silva said she was not surprised by the decision because the case is "very complicated".
She added that the family has "been in pain for 10 years and has suffered a lot of frustration" but was glad that they were at least able to take the case to the highest court of human rights in Europe.
The Government have said today that although the death of Jean Charles de Menezes was "tragic" it was right that the ECHR ruled to uphold a decision not to prosecute the officers involved in the case.
British prosecutors were 'right not to charge' the officers involved in the shooting of Jean Charles de Menezes, the European Court of Human Rights (ECHR) has ruled.
It comes as the de Menezes family challenged the decision not to bring charges over the 27-year-old's death more than a decade after he was mistaken for a suicide bomber and shot dead by police at Stockwell Underground station on July 22, 2005.
In 2006 the Crown Prosecution Service said no individual should be charged over the shooting.
The de Menezes family agreed to an undisclosed settlement with Scotland Yard in 2009 after an inquest delivered an 'open verdict' but last year relatives decided to take the case to the ECHR for reconsideration as they said they believed the failure to prosecute individual officers breached his rights.
Accusations that Scotland Yard officers spied on the family of Jean Charles de Menezes has "exacerbated" the distress felt by the Brazilian's relatives - who were mourning the anniversary of his shooting yesterday.
The family of Jean Charles de Menezes - who was shot dead by officers who mistook him for a suicide bomber in 2005 - are considering legal action against Scotland Yard after it was claimed the force spied on them.
Scotland Yard is embroiled in a fresh scandal after claims officers gathered information about several grieving families involved in justice groups, including relatives of Mr de Menezes.
It is also alleged the force collected data on relatives of Cherry Groce, whose death sparked the Brixton riots, and Ricky Reel who died in mysterious circumstances in 1997.
The latest report on the force's secretive Special Demonstration Squad (SDS) will be published today. The unit, Special Branch and senior management at the Metropolitan Police are set for criticism.
Derbyshire Chief Constable Mick Creedon, who is leading the inquiry, will say that rules were flouted over what information should have been kept on record.