Commentary on provisions of the Act Section 41: Relationship with other proceedings
This section sets out the relationship between serious harm suspensive claims and human rights claims and provides that a serious harm suspensive claim is not a human rights claim, and, therefore, any refusal of a serious harm suspensive claim will not attract a right of appeal under section 82(1)(a) or (b) of the 2002 Act (subsections (1) and (2)).
	The raising of a serious harm suspensive claim does not prevent a person from raising a human rights claim in relation to their removal from the UK to a third country under this Act. The refusal of a human rights claim will not attract a right of appeal under section 82(1)(a) or (b) of the 2002 Act, but it would be open to the claimant to seek a judicial review of the decision (subsections (4) and (5)). Subsection (6) makes a consequential amendment to subsection (3) of section 82 of the 2002 Act to disapply the rights of appeal provided for in that section.