This section defines terms for the purposes of sections 38 to 53 which set out limited circumstances in which legal proceedings relating to the removal of a person falling, or purportedly falling, within section 2 of the Act, have the effect of suspending that person’s removal. All other legal proceedings not addressed in these sections will be non-suspensive (see section 5(1)(d)).
	There are two kinds of claim that would defer removal under section 6, a "removal conditions suspensive claim" or a "serious harm suspensive claim" (known collectively as a "suspensive claim").
	Subsection (3) defines a "removal conditions suspensive claim". Such a claim arises where a person issued with a removal notice under section 8(2)(a) asserts that they do not meet the removal conditions (the four conditions in section 2) and are therefore not liable to removal under section 6.
Commentary on provisions of the Act Section 38: Suspensive claims: interpretation