Legislation – Illegal Migration Act 2023
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Legal proceedings
F138Suspensive claims: interpretation
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F139Serious harm suspensive claims: interpretation
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40Meaning of “serious and irreversible harm”
(1)
The Secretary of State may by regulations amend section 39 to make provision about the meaning of “serious and irreversible harm” for the purposes of this Act.
(2)
Regulations under subsection (1) may in particular—
(a)
define any aspect of serious and irreversible harm;
(b)
give examples of what is or is not to be treated as serious and irreversible harm.
(3)
(4)
Regulations under subsection (1) may make consequential amendments to this Act.
F141Relationship with other proceedings
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42Serious harm suspensive claims
(1)
This section applies where, within the claim period, a person makes a serious harm suspensive claim to the Secretary of State.
(2)
The Secretary of State must, before the end of the decision period, consider the claim and make one of the following decisions—
(a)
that the serious harm condition is met in relation to the person, or
(b)
that the serious harm condition is not met in relation to the person.
(3)
(4)
In considering a serious harm suspensive claim, the Secretary of State must take into account the following factors—
(a)
any assurances given by the government of the country or territory specified in the removal notice;
(b)
any support and services (including in particular medical services) provided by that government;
(c)
in circumstances where it is reasonable to expect a person to have provided certain evidence and they have not done so, the fact that the person has not provided such evidence.
(5)
A claim under subsection (1) must—
(a)
contain compelling evidence that the serious harm condition is met in relation to the person,
(b)
contain the prescribed information, and
(c)
be made in the prescribed form and manner.
In this subsection “prescribed” means prescribed in regulations made by the Secretary of State.
(6)
Before the end of the claim period or the decision period in relation to a serious harm suspensive claim, the Secretary of State may, by notice to the person concerned, extend the period where the Secretary of State considers it appropriate to do so.
(7)
In this section—
“claim period” means the period of 8 days beginning with the day on which the person is given the third country removal notice;
“decision period” means the period of 4 days beginning with—
(a)
the day on which the person makes the serious harm suspensive claim, or
43Removal conditions suspensive claims
(1)
This section applies where, within the claim period, a person makes a removal conditions suspensive claim to the Secretary of State.
(2)
The Secretary of State must, before the end of the decision period, consider the claim and make one of the following decisions—
(a)
that the person does not meet the removal conditions, or
(b)
that the person meets the removal conditions.
(3)
(4)
In considering a removal conditions suspensive claim in circumstances where it is reasonable to expect a person to have provided certain evidence and they have not done so, the Secretary of State must take into account the fact that the person has not provided such evidence.
(5)
A claim under subsection (1) must—
(a)
contain compelling evidence that the person does not meet the removal conditions,
(b)
contain the prescribed information, and
(c)
be made in the prescribed form and manner.
In this subsection “prescribed” means prescribed in regulations made by the Secretary of State.
(6)
Before the end of the claim period or the decision period in relation to a removal conditions suspensive claim, the Secretary of State may, by notice to the person concerned, extend the period where the Secretary of State considers it appropriate to do so.
(7)
In this section—
“claim period” means the period of 8 days beginning with the day on which the person is given the removal notice;
“decision period” means the period of 4 days beginning with—
(a)
the day on which the person makes the removal conditions suspensive claim, or
F144Appeals in relation to suspensive claims
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F145Permission to appeal in relation to suspensive claims certified as clearly unfounded
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F146Suspensive claims out of time
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F147Suspensive claims: duty to remove
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F148Upper Tribunal consideration of new matters
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F149Appeals in relation to suspensive claims: timing
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50Procedure for Tribunal Procedure Rules
(1)
(2)
Before making Tribunal Procedure Rules by virtue of subsection (1), the Lord Chancellor must consult—
(a)
the Senior President of Tribunals,
(b)
the Lord Chief Justice of England and Wales,
(c)
the Lord President of the Court of Session, and
(d)
the Lord Chief Justice of Northern Ireland.
(3)
The Lord Chancellor is not required to undertake any other consultation before making Tribunal Procedure Rules by virtue of subsection (1).
(4)
A requirement to consult under subsection (2) may be satisfied by consultation that took place wholly or partly before the passing of this Act.
(5)
Tribunal Procedure Rules made by virtue of subsection (1) are to be made by statutory instrument.
(6)
A statutory instrument containing Tribunal Procedure Rules made by virtue of subsection (1) must be laid before Parliament after being made.
(7)
Tribunal Procedure Rules contained in a statutory instrument laid before Parliament under subsection (6) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
(8)
In calculating the period of 40 days, no account is to be taken of any whole days that fall within a period during which—
(a)
Parliament is dissolved or prorogued, or
(b)
either House of Parliament is adjourned for more than four days.
(9)
If Tribunal Procedure Rules cease to have effect as a result of subsection (7)—
(a)
that does not affect the validity of anything previously done under the Rules, and
(b)
subsection (1) applies again as if the Rules had not been made.
(10)
In this section “Tribunal Procedure Committee” means the committee of that name constituted under Part 2 of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.
F151Finality of certain decisions by the Upper Tribunal
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52Judges of First-tier Tribunal and Upper Tribunal
“(ca)
is a judge of the First-tier Tribunal,”.
F253Special Immigration Appeals Commission
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F254Interim remedies
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F255Interim measures of the European Court of Human Rights
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F256Legal aid
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