Legislation – Illegal Migration Act 2023

2 Duty to make arrangements for removal

3 Amendment of date in section 2(3) etc

4 Unaccompanied children and power to provide for exceptions

5 Disregard of certain claims, applications etc

6 Removal for the purposes of section 2 or 4

7 Powers to amend Schedule 1

8 Further provisions about removal

9 Support where asylum claim inadmissible

10 Other consequential amendments relating to removal

11 Powers of detention

12 Period for which persons may be detained

13 Powers to grant immigration bail

14 Disapplication of duty to consult Independent Family Returns Panel

15 Electronic devices etc

16 Accommodation and other support for unaccompanied migrant children

17 Transfer of children from Secretary of State to local authority and vice versa

18 Duty of local authority to provide information to the Secretary of State

19 Enforcement of local authorities’ duties under sections 17 and 18

20 Extension to Wales, Scotland and Northern Ireland

21 Transfer of children between local authorities

22 Provisions relating to removal and leave

23 Provisions relating to support: England and Wales

24 Provisions relating to support: Scotland

25 Provisions relating to support: Northern Ireland

26 Suspension and revival of sections 22 to 25

27 Procedure for certain regulations under section 26

28 Amendments relating to sections 22 to 25

29 Disapplication of modern slavery provisions

30 Entry into and settlement in the United Kingdom

31 Persons prevented from obtaining British citizenship etc

32 British citizenship

33 British overseas territories citizenship

34 British overseas citizenship

35 British subjects

36 Disapplication of sections 32 to 35

37 Amendments relating to sections 32 to 36

38 Suspensive claims: interpretation

39 Serious harm suspensive claims: interpretation

40 Meaning of “serious and irreversible harm”

41 Relationship with other proceedings

42 Serious harm suspensive claims

43 Removal conditions suspensive claims

44 Appeals in relation to suspensive claims

45 Permission to appeal in relation to suspensive claims certified as clearly unfounded

46 Suspensive claims out of time

47 Suspensive claims: duty to remove

48 Upper Tribunal consideration of new matters

49 Appeals in relation to suspensive claims: timing

50 Procedure for Tribunal Procedure Rules

51 Finality of certain decisions by the Upper Tribunal

52 Judges of First-tier Tribunal and Upper Tribunal

53 Special Immigration Appeals Commission

54 Interim remedies

55 Interim measures of the European Court of Human Rights

57 Decisions relating to a person’s age

58 Age assessments: power to make provision about refusal to consent to scientific methods

59 Inadmissibility of certain asylum and human rights claims

60 Cap on number of entrants using safe and legal routes

61 Report on safe and legal routes

62 Credibility of claimant: concealment of information etc

63 Financial provision

64 Consequential and minor provision

66 Defined expressions

68 Commencement

SCHEDULES

Schedule 1 Countries or territories to which a person may be removed

Schedule 2 Electronic devices etc

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

There are currently no known outstanding effects for the Illegal Migration Act 2023, Section 38.

Changes to Legislation

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Legal proceedings

38Suspensive claims: interpretation

(1)

The definitions in subsections (2) to (8) have effect for the purposes of this section and sections 39 to 53.

(2)

“Suspensive claim” means—

(a)

a serious harm suspensive claim (see section 39), or

(b)

a removal conditions suspensive claim.

(3)

“Removal conditions suspensive claim” means a claim by a person who has been given a removal notice that the person does not meet the removal conditions.

(4)

“Removal notice” means a notice of removal given to a person under section 8(2)(a) (further provisions about removal).

(5)

“Third country removal notice” means a removal notice under which a person is to be removed to a third country.

(6)

“Third country”, in relation to a person, means a country or territory other than—

(a)

a country of which the person is a national, or

(b)

a country or territory in which the person has obtained a passport or other document of identity.

(7)

“Removal conditions” means the four conditions in section 2 (duty to make arrangements for removal).

(8)

“Working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

(9)

Where a removal notice specifies part of a country or territory, references in this section and sections 39 to 53 to the country or territory specified in the removal notice are to the part of the country or territory so specified.