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Upper Tribunal Sets Aside Ruling Letting Domestic Abuser Remain in UK, Orders Rehearing

Judge Helen Rimington cited procedural errors, including failure to address EU Settlement Scheme issues.

Overview

  • The First-tier Tribunal had allowed Hamilton Jorge Da Silva Pinho to stay on human-rights grounds after finding deportation would be unduly harsh on his young child.
  • The Home Office appealed, arguing he had not accepted responsibility for his offending and had a pattern of abuse toward partners.
  • The Upper Tribunal accepted the appeal and found the earlier judge exceeded powers and did not consider the linked EUSS decisions.
  • Tribunal records detail convictions including actual bodily harm, assault by beating, battery, theft and criminal damage, with a 20‑month prison sentence and a restraining order in place until 2028.
  • Pinho’s case will be reassessed at a fresh hearing, with the human-rights and EUSS issues to be weighed against public protection concerns.