Illegal Migration Act 2023

41 Relationship with other proceedings

(1) A “serious harm suspensive claim” made under this Act is not a “human rights claim” for the purposes of the Nationality, Immigration and Asylum Act 2002 or the Nationality and Borders Act 2022.

(2) Accordingly no right of appeal under section 82(1)(a) or (b) of the Nationality, Immigration and Asylum Act 2002 (appeal against refusal of protection claim or human rights claim) arises in relation to any decision of the Secretary of State made under section 42 (serious harm suspensive claims), 46 (out of time claims) or 48 (new matters) of this Act in respect of a serious harm suspensive claim.

(3) The making of a serious harm suspensive claim by a person (or the possibility of a person making such a claim) does not affect any ability of the person to make a human rights claim in relation to their removal from the United Kingdom to a third country under this Act.

(4) Where—

(a) a person subject to removal to a third country under this Act makes a human rights claim in relation to their removal to that third country, and

(b) the Secretary of State decides to refuse the claim,

there is no right of appeal under section 82(1)(a) or (b) of the Nationality, Immigration and Asylum Act 2002 in relation to that decision.

(5) Subsection (4) does not affect any ability of the person to make an application for judicial review in relation to a decision of the Secretary of State to refuse the claim (but section 5(1)(d) (disregard of application for judicial review) applies in relation to any such application).

(6) In section 82(3) of the Nationality, Immigration and Asylum Act 2002, after ”Part” insert “and in section 41(4) of the Illegal Migration Act 2023 (relationship with other proceedings)”.