Illegal Migration Act 2023 (c. 37)

Legal proceedings U.K.

42 Serious harm suspensive claims U.K.

(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) If the Secretary of State makes a decision under subsection (2)(b), the Secretary of State may also certify that the claim is clearly unfounded (see sections 44(1)(c) and 45 (appeals)).

(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

  (b)

  where section 46(3) or (6) (out of time claims) applies, the day on which the Secretary of State makes the decision mentioned in section 46(3) or is given notice of the determination of the Upper Tribunal mentioned in section 46(6) (as the case may be).

Commencement Information

I1 S. 42 in force at Royal Assent for specified purposes, see s. 68(4)(j)