Illegal Migration Act 2023

44 Appeals in relation to suspensive claims

(1) This section applies if—

(a) a person makes a suspensive claim,

(b) the Secretary of State makes a decision under section 42(2)(b) or 43(2)(b) (refusal of suspensive claim) in relation to the claim, and

(c) the Secretary of State has not certified the claim as clearly unfounded under section 42(3) or (as the case may be) 43(3).

(2) The person may appeal to the Upper Tribunal against the decision mentioned in subsection (1)(b).

(3) An appeal under subsection (2) must be brought on the ground that—

(a) in the case of a serious harm suspensive claim, the serious harm condition is met in relation to the person;

(b) in the case of a removal conditions suspensive claim, the person does not meet the removal conditions,

and the notice of appeal must contain compelling evidence of such ground.

(4) In considering an appeal in relation to a serious harm suspensive claim, the Upper Tribunal must take into account the factors mentioned in section 42(4).

(5) In considering an appeal in relation to 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 Upper Tribunal must take into account the fact that the person has not provided such evidence.

(6) Where an appeal is brought under subsection (2), the Upper Tribunal must decide—

(a) in relation to a serious harm suspensive claim, whether the serious harm condition is met in relation to the person;

(b) in relation to a removal conditions suspensive claim, whether the person meets the removal conditions.

(7) See section 13 of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to Court of Appeal etc) for provision about the only right of appeal against a decision of the Upper Tribunal under this section.