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Fresh Claim Asylum

If your asylum claim has been refused or withdrawn, and you’ve exhausted your right of appeal, you can submit a fresh claim with new evidence to the Home Office and request a new decision on your case.

For more information on how to make a fresh claim for an asylum case, what new evidence you can submit, and the criteria the Home Office uses to consider fresh claims, speak to an expert legal advisor at +44 (0)333 305 937. We are available to help you in person, on the phone, or online.

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    Your immigration lawyer will consider your case and offer bespoke advice, and they will advise you on the optimum route to take to achieve your desired result.

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    Fresh Claim for Asylum: An Overview

    A fresh claim is a piece of evidence that contains new and relevant information pertinent to a previously rejected or withdrawn asylum claim whose rights of appeal had been lost.

    If you’ve previously made an unsuccessful asylum claim and exhausted all available appeal processes, you or your lawyer can make ‘further submissions’ to the Home Office and ask that your evidence be taken into account alongside previous material.

    The Home Office will consider your evidence and, if sufficient, grant you protection status or permission to stay in the UK. However, if the caseworker rejects your further submission, they will pass your evidence through a legal test to determine if it amounts to a fresh claim. 

    The decision from a fresh claim legal test can go in any of two ways, including classifying it as a fresh claim, which gives you the right to appeal. On the other hand, if your submission does not amount to a fresh claim and it is rejected, you will have no right to appeal. 

    Before submitting a fresh claim, it’s advisable to consult an immigration lawyer to help you put the best evidence forward. Call +44 (0)333 305 937 for immediate help with your asylum claim. 

    The Fresh Claims Test

    All further submissions are not treated as fresh claims unless the Home Office says it is so. For your evidence to be a fresh claim, a caseworker will consider if it contains new and relevant information ‘significantly different’ from the material previously considered for your case. 

    Your evidence will be considered significantly different if:

    • It has not already been considered
    • Taken together with previously considered material, it creates a realistic prospect of success before the Tribunal on protection or human rights grounds.

    Evidence not Previously Considered

    If the Home Office or an Immigration Judge has already looked at the information in your submissions, then it doesn’t meet the requirement of new evidence. You cannot make the same arguments you made during previous claims, even if you present them differently.

    However, if you do have new evidence, it can raise a new argument as to why you didn’t submit it for consideration all along, and the Home Office might use it as a reason to refuse the claim. Thus, if you’ve recently just got the evidence, you should explain it to them in writing. 

    Some examples of new evidence could be a change in the situation in your country or an arrest warrant from your country that you just recently got a hold of.

    Taken with Previously Considered Evidence

    If the information in your submissions is new and hasn’t been looked at before, the Home Office will evaluate this material along with what was previously examined to determine its credibility.

    For instance, if your claim was previously dismissed because you provided false information, they will consider if there’s a chance that you are telling the truth with your fresh claim. 

    A fresh claim is also an opportunity to prove that you were credible all along, even when the Home Office didn’t believe your previous evidence. The key question is whether the new issues raised are at least arguable and could lead an immigration judge to have a different opinion.

    Realistic Prospect of Success

    If your new evidence is credible, the Home Office will examine it to determine if it is relevant to your asylum claim or has a realistic prospect of success. 

    For example, if your asylum claim was based on a change of government or policy in your home country, and your new evidence hinges on your new religious beliefs, and the policy change doesn’t seem to impact that, your claim is unlikely to be accepted. 

    The Basis of a Fresh Claim

    A fresh claim hinges on the fact that new evidence not previously available when the case was first considered has come to light. Some valid grounds for a fresh claim include: 

    New Documents 

    If you received new documents that arrived from your home country after you received a decision on your previous claim, you can file further submissions with them. These could be arrest warrants or documents proving your political affiliation that supports your original claim. 

    Also, if you shared a situation in your home country that the Home Office or the courts didn’t accept, you can send new objective evidence of your credibility. For instance, a recent human rights or reliable journalism report that confirms what you previously stated.

    It’s important to keep the envelopes that the documents were sent in as proof of delivery.

    Change of Circumstances Back Home

    A change in government, a new law, a breakout of violence, or a significant change in circumstances in your home country relevant to your case may be sufficient evidence for a fresh claim. 

    An example could be if the government has started targeting individuals who oppose them politically, which could increase the danger you face going back to your home country.

    New Life in the UK

    It could be a reasonable basis for a fresh claim if you’ve begun a new life in the UK, particularly if you’ve lived in the country for long. For instance, if you started a family in the UK and your partner or children cannot follow you to your home country. 

    Other reasons could be that you’ve become involved in activities in the UK that could be a risk to you in your home country, such as converting to another religion or joining a political group. 

    Medical Evidence

    You can make a further submission if you’ve been diagnosed with a serious health condition, whether mental or physical, and you wouldn’t get the necessary treatment in your home country.

    If the health condition wasn’t considered before, perhaps because it wasn’t diagnosed at the time, it can be a basis for a fresh claim. However, it’s crucial to note that succeeding with a fresh claim on medical grounds is very challenging.

    Disclosure of Information

    If you couldn’t share certain experiences from your home country before, perhaps because it was too emotionally challenging, you might be able to explain this in a further submission. 

    For instance, if you are a victim of trafficking and were not able to reveal so due to fear of the trafficker. 

    However, in such cases, you must provide strong evidence, especially if the Home Office or the immigration judge doubted the truthfulness of your previous asylum claim. This evidence can support your difficulty in discussing the experiences and lend credibility to your fresh claim.

    Legal Developments

    Your fresh claim might involve a shift in the UK immigration laws, such as a country guidance case law relating to your country. It could also be a legal judgment that the Home Office applied incorrectly or didn’t follow when initially deciding your case. 

    If you can prove that your case was rejected because the Home Office applied a policy or procedures that have now been deemed unlawful, you might have a chance of getting a better decision. 

    Who Can Make a Fresh Claim?

    You can only make a fresh claim if any of these apply to you:

    • Your asylum claims have been refused or dismissed, and you do not have any more rights to appeal.
    • You were previously granted asylum, and the Home Office withdrew it.

    To be eligible to make a fresh claim, there must be a genuine and substantial change in your circumstances or new evidence supporting your case.

    Note that you must submit your evidence from within the UK. You cannot make further submissions if you have been removed from the UK. 

    Thus, upon obtaining information or evidence that you believe constitutes a fresh claim, it is advisable to seek legal guidance and submit your claim as quickly as possible. As an unsuccessful asylum seeker, you could be subject to detention and removal unless a fresh claim is formally lodged.

    Make the application process easier with the help of our immigration team.

    How to Submit Your Fresh Claim

    To submit a fresh claim, visit the UK government website to download the further submissions form and fill it out with the required information. You should then gather your supporting documents, including: 

    • A valid passport 
    • IS96 or Bail 201 with a photograph
    • A previous immigration status document, such as your Application Registration Card (ARC).
    • Your driving licence  

    Once your forms and documents are ready, you should submit them to the Further Submissions Unit (FSU). There are two ways to make a submission: in person or through post.

    You can submit your evidence in person at any of the FSU offices in Liverpool, Belfast, Cardiff, or Glasgow by booking an appointment via telephone. To make a submission via post, you must email or send a letter to the FSU asking for permission to mail your evidence. 

    You’ll only get permission to post your evidence if you:

    • Are disabled or ill and unable to travel
    • Are in prison or in detention
    • Are an unaccompanied asylum-seeking child.
    • Have an ongoing judicial review

    When submitting via post, you must send proof of the reason you can’t make an appointment in person. 

    Can You Be Removed from the UK if You Have Submitted a Fresh Claim?

    According to the immigration rules, if you have a pending protection claim, the Home Office should not send you away before they look at your fresh claim or further submissions.

    However, this rule doesn’t guarantee you won’t be removed from the UK. If the Home Office informs you that your submission isn’t a fresh claim, they could detain you or send you out of the UK.

    Furthermore, if you’ve been informed that you will be removed, and you later submit additional evidence, the Home Office might swiftly reject the new evidence, stating that their plan to remove you remains unchanged.

    Thus, you should submit a compelling, fresh claim that the Home Office cannot easily reject. Discuss your case with one of our immigration lawyers at IAS to see how we can assist you in preparing your fresh claim. Call us at +44 (0)333 305 937.

    Contact our legal team today so they can help you with obtaining a Fresh Claim Asylum.

    The Home Office’s Decision

    After making a further submission, the Home Office will consider your new evidence and make one of three decisions, including:

    • Granting you protection status
    • Denying you protection status but classifying your submission as a fresh claim
    • Rejecting your further submissions and refusing to classify it as a fresh claim. 

    Granting Protection Status

    A caseworker will grant you protection status if your further submissions provide sufficient evidence that overrides the previous findings that led to the initial claim rejection. 

    The Home Office frequently makes decisions based solely on the evidence you provide. Occasionally, they may conduct an interview similar to the one you had during your initial asylum substantive interview.

    Classifying Submission as a Fresh Claim

    If the Home Office decides that the information you provide is not enough reason to grant you permission to stay in the UK, they will deny your claim. 

    Then, the caseworker will pass your submission through the legal test to determine if it qualifies as a fresh claim. If your further submission amounts to a fresh claim, you will have the right to appeal the denial. 

    With an appeal, a judge can overrule the decision and make their own judgement based on your evidence or send your case back to the Home Office to be reassessed.

    Refusing Further Submissions as a Fresh claim

    If the Home Office determines that your new evidence doesn’t meet the requirements of the fresh claim test, they will reject your application, and you won’t have the right to appeal that decision.

    You should consider searching for new and stronger evidence to provide. Depending on your case, you might have the option to pursue a legal challenge known as a ‘judicial review.’ A judicial review can help you challenge the Home Office’s decision by arguing that the law was not correctly applied and the right procedures were not followed when deciding your case. 

    A judicial review differs from an immigration appeal and is a complex proceeding. It’s essential to discuss with your lawyer to determine if this course of action is feasible in your case.

    Importance of Legal Representation.

    Asylum claims involve complicated procedures that require a thorough understanding of immigration laws. If you have had an unsuccessful claim and intend to submit new evidence, it can be challenging to decide which submission will pass the legal test.

    That’s why you need an expert legal representation. At IAS, we have experienced lawyers who have worked on asylum claims at different levels, including an initial claim, appeals, further submissions, and judicial reviews.  

    If you choose IAS, we will assign a dedicated lawyer to you to help you with your asylum application, irrespective of the stage where you are at. If you intend to pursue a failed asylum claim, our lawyers will prepare your further submissions and explain to the Home Office why it is significant new evidence. 

    To learn more about how we can help you, call us at +44 (0)333 305 937 or contact us online.

    We offer immigration advice sessions as face to face appointments at all of our UK offices, or via the phone.

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    Frequently Asked Questions

    The Home Office aims to make a decision quickly after receiving further submissions, especially if there’s already an order to remove you from the UK or they believe your evidence lacks merit.

    However, if your evidence has substantial merit, it may take several months or up to a year to review your claim.

    Asylum applicants are typically not allowed to work in the UK. However, if you have waited for over 12 months without getting a decision on your further submission, you can apply for permission to work. You will only be able to take a job on the list of shortage occupations.

    If your claim is not up to 12 months, and you do not have shelter or need money for food, you may qualify for free housing and financial help.

    Some common reasons why a further submission might be refused include:

    1. Failure to demonstrate a real and immediate risk in your home country
    2. Repetition of arguments or evidence that has already been considered
    3. Failure to address previous rejection reasons
    4. Inconsistencies between new evidence and previous claim

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