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What are we going to do?

• The Illegal Migration Bill will introduce an expedited process for the consideration of claims based on a real risk of serious and irreversible harm or a mistake of fact (鈥榮uspensive claims鈥�) and any related appeals.
• In line with the UK鈥檚 international obligations, removal to a safe third country may only proceed after the claims and appeal process is concluded. All other legal challenges will not prevent removal.
• This will limit the ability to bring late, spurious and last-minute legal challenges in order to frustrate removal from the UK.

How are we going to do it?

• Where a person is subject to removal to a safe third country, they will have a limited time to make a claim that their removal to that country would result in a real risk of serious and irreversible harm (a 鈥渟erious harm suspensive claim鈥�) or that a factual mistake has been made in determining they were an illegal entrant subject to the duty to remove in the bill (a 鈥渇actual suspensive claim鈥�).

• Where a suspensive claim is rejected, there will be a right of appeal to the Upper Tribunal. Where a claim is certified as clearly unfounded, there will be no automatic right of appeal; instead, it will be possible to apply for permission to appeal to the Upper Tribunal. Removal will not proceed until any appeal against a suspensive claim is concluded.

• Late claims will only be accepted where there are compelling reasons.

• All other legal challenges to removal, whether on human rights grounds or other grounds will not suspend removal and will be considered by the UK鈥檚 domestic courts following a person鈥檚 removal.

Frequently asked questions

What does 鈥榮erious and irreversible harm鈥� mean?

• The 鈥榬isk of serious and irreversible harm鈥� test reflects that applied by the European Court of Human Rights when considering whether to indicate interim measures (similar to an administrative court injunction) under Rule 39 of its Rules of Court (see the factsheet on ).

• Serious and irreversible harm is a high threshold. 鈥楽erious鈥� indicates that the harm must meet a minimum level of severity, and 鈥榠rreversible鈥� means that the harm would have a permanent or very long-lasting effect.

By restricting legal challenges you鈥檙e risking people being sent to countries where they will be persecuted?

• Where a person cannot be returned to their home country, they will be removed to a safe third country, such as Rwanda, and their asylum claim will be considered there.

• Legal challenges which raise a real risk of serious and irreversible harm will be considered before a person is removed to a safe third country. If the claim is upheld, they will not be removed to that country.

How long will the process take to consider and resolve any suspensive claims?

• Once an illegal entrant has been notified of their removal to a safe third country, they will have 7 days to seek legal advice and make a suspensive claim.

• The Home Office must decide the claim within 3 days.

• Where the claim is refused or certified as clearly unfounded there will be 6 days to lodge an appeal or to apply for permission to appeal.

• The Upper Tribunal must decide a permission to appeal application within 6 days. An appeal against the refusal of a suspensive claim must be determined within 22 days.