Commentary on provisions of the Act Section 47: Suspensive claims: duty to remove
This section deals with the consequences of a person making a suspensive claim.
	Subsection (2) suspends the removal of a person to the country or territory specified in the removal notice issued to that person in the following circumstances:
	where a person has made an in time suspensive claim, removal is suspended until the Secretary of State has made a decision on the claim;
where a person has made an out-of-time suspensive claim, removal is suspended until the Secretary of State has made a decision on whether there were compelling reasons for an out-of-time claim and further suspended if the Secretary of State decides there were compelling reasons for an out-of-time claim pending a decision on the substantive claim;
where a person has made an out-of-time suspensive claim and the Secretary of State considers there were no compelling reasons for an out-of-time claim, removal is suspended until either the person has applied to the Upper Tribunal for a declaration that there were compelling reasons for an out-of-time claim or the period for making such an application has expired;
where a person has made an out-of-time suspensive claim and the Secretary of State considers there were compelling reasons for an out-of-time claim or the Upper Tribunal grants an application under section 46(4) requiring the Secretary of State to consider the out of time claim, removal is suspended until the Secretary of State has considered the claim;
where the Secretary of State has refused a suspensive claim and has not certified the claim as clearly unfounded, removal is suspended until any appeal is determined or the time for lodging an appeal has expired.
	The bar on removal also applies where the Secretary of State agrees with the claim that the person would face a real, imminent and foreseeable risk of serious and irreversible harm if removed before the appeals process is exhausted or agrees that the person does not meet the removal conditions (subsection (2)).
	In such a case, subsection (3) provides that it would be open to the Secretary of State to revise the decision at a later date if there was a change of circumstances and, if appropriate, issue a further removal notice (for example, in a case where the risk of serious and irreversible harm related to a medical condition which no longer applied or where evidence comes to light that the leave to enter on which the claimant relied to demonstrate that the first condition in section 2 did not apply was obtained by deception). Subsection (4) provides a reference to a change of circumstances includes where a person’s human rights claim or application for judicial review in relation to their removal from the United Kingdom is not successful, which applies UK-wide.
	Subsection (5) provides that where the Secretary of State rejects a suspensive claim, the person may be removed from the UK but only after the appeal process in sections 44 or 45 has been exhausted.