Section 38: Suspensive claims: interpretation

Illegal Migration Act 2023 · 2023 c. 37View on legislation.gov.uk

This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.

REPEALED on 2025-12-02 by Border Security, Asylum and Immigration Act 2025.

The text below is the provision as originally enacted. It is historical and may not include amendments made before this status change. View the enacted source.

The definitions in subsections (2) to (8) have effect for the purposes of this section and sections 39 to 53.

“Suspensive claim” means—

a serious harm suspensive claim (see section 39), or
a removal conditions suspensive claim.

“Removal conditions suspensive claim” means a claim by a person who has been given a removal notice that the person does not meet the removal conditions.

“Removal notice” means a notice of removal given to a person under section 8(2)(a) (further provisions about removal).

“Third country removal notice” means a removal notice under which a person is to be removed to a third country.

“Third country”, in relation to a person, means a country or territory other than—

a country of which the person is a national, or
a country or territory in which the person has obtained a passport or other document of identity.

“Removal conditions” means the four conditions in section 2 (duty to make arrangements for removal).

“Working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

Where a removal notice specifies part of a country or territory, references in this section and sections 39 to 53 to the country or territory specified in the removal notice are to the part of the country or territory so specified.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.