Commentary on provisions of the Act Section 43: Removal conditions suspensive claims
This section sets out the process for the submission and determination of removal conditions suspensive claims. The section again provides for time limits for the submission of claims and their determination to ensure that the process operates expeditiously so as not to unduly delay removal in cases where a claim is not made out.
	Subsections (1) and (5) set out the requirements for making a valid removal conditions suspensive claim. Those requirements are:
	the claim is made within the claim period (as defined in subsection (7)), unless the claim period is extended as provided for in subsection (6);
the claim contains compelling evidence that the person does not meet the removal conditions;
the claim contains the prescribed information; and
the claim is made in the prescribed form and manner.
	The claim must be made within eight days following receipt of the notice (‘claim period’) and the Secretary of State must make a decision within four days following receipt of the claim (‘decision period’), unless the decision period is extended under subsection (6). Where the Secretary of State concludes that a person does not meet the removal conditions, the duty to remove will not apply and the person will not be removed from the UK under the provisions of this Act. It may be, for example, that the Secretary of State is satisfied that the claimant met the first, third and fourth conditions in section 2, but on further examination it was found that they had entered the UK before 20 July 2023 and therefore did not satisfy the second condition; in such a case other enforcement action would be appropriate. Where the Secretary of State concludes that the person meets the removal conditions, the Secretary of State may also certify the claim as clearly unfounded (subsection (3)).