On 27 September 2025, the Upper Tribunal (Immigration and Asylum Chamber) handed down an
important judgment in Da Silva Pinho [2025] UKUT 317 (IAC). The case provides vital clarification on the
powers of the First-tier Tribunal (FtT) and highlights a critical procedural safeguard for anyone bringing
an immigration or deportation appeal.

What happened in this case?

The appellant, a Portuguese national, faced a Stage 1 deportation decision in November 2023.

In January 2024, the Home Office also issued a human rights refusal and an EU Settlement Scheme
(EUSS) refusal.

However, the appellant only filed an appeal against the Stage 1 deportation decision. No notice of appeal
was lodged for the human rights or EUSS decisions.

Despite this, the First-tier Tribunal went on to consider and allow the human rights appeal.

The Secretary of State challenged this, arguing that the FtT had no jurisdiction to decide the human
rights appeal without a valid notice of appeal.

What did the Upper Tribunal decide?

The Upper Tribunal agreed. It held that:

A notice of appeal is fundamental to commencing proceedings. Without it, the FtT has no statutory
power to act.

The FtT is a creature of statute – it cannot create jurisdiction where none exists.

Case management powers cannot be used to “waive” the absence of a notice of appeal.

As a result, the FtT’s decision on the human rights appeal was ultra vires (beyond its powers) and had to
be set aside.

The case was remitted to the FtT for a fresh hearing, and the appellant was given the opportunity to
lodge late appeals against the human rights and EUSS refusals.

Why this decision matters

This ruling is a reminder that:

If the Home Office issues multiple decisions (for example: deportation, human rights, or EUSS refusals), a
separate notice of appeal must be filed for each one.

Failure to do so means the Tribunal cannot consider the appeal – even if both parties proceed as if it
could.

Immigration law is highly procedural. Missing a step can have serious consequences for the outcome of a
case.

How Lumine Solicitors can help

At Lumine Solicitors, we specialise in immigration appeals, deportation cases, human rights claims, and
EU Settlement Scheme applications. Our experienced team ensures:

Every decision is properly appealed within time limits.

No jurisdictional errors undermine your case.

You have the strongest possible representation before the Tribunal.

If you or your family have received a deportation decision, human rights refusal, or EUSS refusal, contact
us today for expert legal advice.

📞 Call us on 02039502246

📧 Email: Address: 2nd floor, 156 Cromwell Road, London, SW7 4EF

🌐 Or use our contact form