Da Silva Pinho (FtT - jurisdiction)
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What was at stake
A Portuguese national challenges the jurisdiction of the First‑Tier Tribunal over their immigration claim.
What the court decided
The First-tier Tribunal has no inherent jurisdiction; filing a valid notice of appeal against each relevant decision is fundamental to commencing proceedings and activating the FtT's statutory powers under the Procedure Rules. The appellant (da Silva Pinho) had filed a notice of appeal only against the deportation/EUSS decision, not against the separate 16 January 2024 human rights refusal, so the FtT had no jurisdiction to determine the human rights appeal, and its allowance of that appeal on Article 8 grounds was ultra vires. The Upper Tribunal set aside the FtT's decision and remitted, requiring proper notices of appeal (and time extensions) before the human rights claim could be heard.
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