Commentary on provisions of the Act Section 5: Disregard of certain claims, applications etc
This section provides that the duty (in section 2(1)) to make arrangements to remove, or the power to make arrangements in section 4(2), applies to persons that meet the conditions under section 2 regardless of whether they have made a protection claim or human rights claim, they claim to be a victim of slavery or human trafficking or have made an application for judicial review (as defined in subsection (7)) in relation to their removal from the UK under the Act. Where a protection claim or a human rights claim falling within subsection (6) is made by such a person, it will be declared as inadmissible by the Secretary of State and will not be considered in the UK (subsections (2) and (3)). Any such inadmissibility decision is not a refusal of a claim and therefore there is no right of appeal against such a decision (subsection (4)). A human rights claim is within subsection (6) if it is a claim that removal from the UK to a person’s country of origin or where they have a passport would be unlawful under section 6 of the Human Rights Act 1998.
	Human rights claims that relate to a person’s removal to a specified safe third country will be admissible, however any such claims will be considered following the claimant’s removal to the third country concerned; any judicial review in relation to such a claim will also be considered by the UK domestic courts while the claimant is out of country (by virtue of subsection (1)(d)). The removal of the claimant to the specified safe third country will only be suspended pending consideration of, and any appeal relating to, a serious harm suspensive claim or removal conditions suspensive claim (see sections 38 to 53).
	Subsection (7) make a transitional provision to take account of the fact that a protection, human rights or modern slavery claim made by a person who arrived in the UK between the date of introduction and the date of commencement may have had the claim assessed and determined during this period. In such a case, the determination will stand and they will continue to be dealt with under pre-Illegal Migration Act law and policies. The effect of subsection (7) is that where a person has made a claim on or after the date that the Illegal Migration Act 2023 was passed   that is outstanding on commencement, the duty to make arrangements for removal will apply (by virtue of subsection (1)) and the Secretary of State must declare the claim inadmissible (by virtue of subsection (3)).