[2025] UKUT 00317 (IAC)

Da Silva Pinho (FtT - jurisdiction)

Heard at Field House

THE IMMIGRATION ACTS

Promulgated on 11 September 2025

Before

UPPER TRIBUNAL JUDGE RIMINGTON

DEPUTY UPPER TRIBUNAL JUDGE RICHARDS

Between

SECRETARY OF STATE FOR THE HOME OFFICE

Appellant

and

HAMILTON JORGE DA SILVA PINHO

(NO ANONYMITY ORDER MADE)

Respondent

Representation:

For the Appellant: Mr W M Bhebhe, instructed by Njomane Law

For the Respondent: Ms J Isherwood, Senior Home Office Presenting Officer

(a) The filing of a notice of appeal is fundamental to the commencement of proceedings in relation to the relevant decisions and in order to initiate proceedings to trigger or activate the FtT’s powers under the FtT Procedure Rules.

(b) There is no inherent jurisdiction in the FtT and for it to stray beyond what it is statutorily empowered to do is ultra vires.

(c) An appeal under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 is an appeal under a different regime from an appeal under s82 of the Nationality, Immigration and Asylum Act 2002. Vargova [2024] UKUT 336 (IAC) and Abdullah [2024] UKUT 66 (IAC) reference the scope of the different rights of appeal. The parties must be alive to the requirements to file an effective notice of appeal to each and every relevant decision.

DECISION AND REASONS