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.
Commentary on provisions of the Act Section 41: Relationship with other proceedings