Commentary on provisions of the Act Section 44: Appeals in relation to suspensive claims
This section provides for an appeal to the Upper Tribunal where the Secretary of State has refused a suspensive claim and has not certified the claim as clearly unfounded (subsections (1) and (2)).
	Subsection (3) sets out the grounds, and only grounds, on which an appeal may be brought.
	In considering an appeal against the refusal of a serious harm suspensive claim, the Upper Tribunal must take into account the same factors that the Secretary of State is required to take into account when considering the claim (see section 42(4)).
	Subsection (6) sets out the matters that the Upper Tribunal must decide when considering an appeal under this section. In effect, the Upper Tribunal is considering a suspensive claim on its merits and coming to its own view on whether the test for allowing a claim has been met.
	Subsection (7) provides that the only right of appeal against Upper Tribunal decisions is to the Court of Appeal in England and Wales or Northern Ireland or the Court of Session in Scotland (as provided for in section 13 of the Tribunals, Courts and Enforcement Act 2007).