- Latest available (Revised)
- Original (As enacted)
Illegal Migration Act 2023, Section 42 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(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—
the day on which the person makes the serious harm suspensive claim, or
Commencement Information
I1S. 42 in force at Royal Assent for specified purposes, see s. 68(4)(j)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: