Illegal Migration Act 2023

Prospective

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

(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 certified the claim as clearly unfounded under section 42(3) or (as the case may be) 43(3).

(2) The person may not appeal to the Upper Tribunal against the decision mentioned in subsection (1)(b), but they may apply to the Upper Tribunal for permission to appeal to the Upper Tribunal against the decision.

(3) In relation to a serious harm suspensive claim, the Upper Tribunal may grant permission to appeal in response to a person’s application under subsection (2) only if it considers that there is compelling evidence that—

(a) the serious harm condition is met in relation to the person, and

(b) the risk mentioned in section 39(3) is obvious.

(4) In relation to a removal conditions suspensive claim, the Upper Tribunal may grant permission to appeal in response to a person’s application under subsection (2) only if it considers that there is compelling evidence that the person does not meet the removal conditions.

(5) Unless the Upper Tribunal considers that an oral hearing is necessary to secure that justice is done in a particular case, an application under subsection (2) is to be determined by the Upper Tribunal only on the basis of written submissions and evidence.

(6) If the Upper Tribunal grants permission to appeal, the person may appeal to the Upper Tribunal under section 44(2) against the decision mentioned in subsection (1)(b).

(7) There is no right of appeal under section 13 of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to Court of Appeal etc) in relation to a decision of the Upper Tribunal on an application under this section.

(8) See also section 51 (finality of certain decisions by the Upper Tribunal).

Commencement Information

I1 S. 45 not in force at Royal Assent, see s. 68(1)