Commentary on provisions of the Act Section 38: Suspensive claims: interpretation
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.