http://www.legislation.gov.uk/id/ukpga/2023/37

Legal proceedings

I144Appeals 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.