A Guide On How To Make a Fresh Asylum Claim

A fresh claim is a reference to a situation in which an asylum seeker has had their appeal for asylum heard but dismissed, yet new evidence has come to light and is important to this specific case.

For a fresh claim to be accepted by the Home Office, the information provided in the fresh claim needs to be used to reinforce the existing argument in the case. Alternatively, the evidence may also reinforce a fresh argument and provide evidence to back up the claim of the individual.

There will also need to be evidence that this new evidence is likely to result in a realistic prospect of success. Be aware that the UK Home Office will only consider new evidence like this if it contains new and relevant information.

It is highly recommended that applicants seek legal advice from a professional immigration lawyer if they intend to submit a fresh claim, as it can boost their case.

How Does It Work?

If a person were to make an application for humanitarian protection or refugee status in the UK, or any other form of application based on their human rights, but this was refused and the rights to appeal were all exhausted, a fresh claim may be possible.

However, a fresh claim is only possible if this same individual claims to have new information and/or evidence that they can take to the Home Office.

In this scenario, the Home Office needs to strike a balance. The new evidence may be extremely significant and very genuine.

The UK government rightly needs to uphold UK immigration rules and be wary of further submissions that would be unrighteous, but at the same time, there can be new evidence to back up the genuineness and threat the individual may face that needs to be considered.

Fresh claims are very significant under UK immigration rules. Protection and human rights claims are only a few types of immigration decisions that are subjective to a right to appeal. This means that if a claim is rejected by the Home Office, applicants can appeal this decision before the first-tier tribunal.

That being said, further submissions are only likely to attract the same right of appeal if they can be considered a fresh claim. This is to prevent applicants from making the same claims over and over again.

Page Contents

• What Does It Mean To Make A Fresh Asylum Claim?
• What Requirements And Evidence Will I Need To Make A Fresh Asylum Claim?
• Making A Fresh Asylum Claim: The Step-By-Step Process
• What Does The Decision Process Of My Asylum Claim Consist Of?
• The Asylum Claim Processing Time
• How Our Total Law Immigration Team Can Help You Make A Fresh Asylum Claim

While applicants can submit a claim independently for a fresh claim, it can be difficult to do. UK asylum claims and asylum laws are extremely complex, so having legal representation can help.

Here at Total Law, one of our legal teams can help you with your fresh claim. You can discuss your new claim with one of our legal representatives, and they can provide advice on how you should submit this information.

That being said, with or without legal assistance, a fresh claim should be submitted in the following manner:

1. Fully analyse the documents that you possess from your previously rejected asylum case. If you have a legal representative, this is a good time to talk to them about what aspects of your documents could be improved to further aid your case. This includes documents such as:
   • A copy of the form that the Home Office filled out in your screening interview.
   • A copy of the transcript and audio recordings from the substantive interview.
   • Witness statements and copies of evidence that were submitted to the Home Office and courts before.
   • The reasons for refusal are presented in the letter from the Home Office.
   • A determination or judgement of an appeal at a First-Tier Tribunal as well as any other appeal determinations.
     Overview these documents and look at the aspects that were disbelieved or doubted by the courts or Home Office. Look to see if you can find new evidence that will support these claims.
2. With new evidence, collect and prepare this evidence.
3. Provide the Home Office with a valid explanation for the new evidence you will be presenting to them.
4. Schedule an appointment at the Further Submissions Unit sector of the Home Office.
5. Attend your appointment unless informed that you do not need to, and take all of your supporting documentation with you as well as all of your evidence.
6. Make sure that at this appointment you are provided with a receipt that states you have submitted your new claim.
7. Await a decision from the Home Office on the fresh claim.

When an applicant submits new evidence that is being considered as a part of a fresh asylum claim or a human rights claim, the Home Office must use a legal test to make a decision. This legal test is defined in the UK immigration rules to decide whether or not it can be considered a fresh claim.

How this is decided upon matters, as it will determine what happens with additional submissions and even have an impact on your appeal rights, such as whether or not you will have the right to appeal a refusal decision if this is made or not.

It is important to consider this when gathering evidence for a fresh claim and making a new submission. As you prepare, it is key to try to ensure you meet this legal test. A legal representative at Total Law can help you with this; just give us a call at 0333 305 9375 to get legal assistance in preparing your case.

Once you have submitted a fresh asylum claim, the UK Home Office will examine the evidence that you have submitted, and they will present you with a decision.

The decision will be one of the following options:

• They have reviewed your evidence and decided that this evidence satisfies the criteria that need to be met. The evidence shows that the applicant requires protection, or the applicant meets the requirements or needs for the human rights argument in law to be applicable. This would make leave to remain a valid option based on this claim.
• The Home Office reviewed the new evidence provided and decided that while it may meet the fresh claim legal test requirements, the claim is refused because it does not qualify the applicant for protection or leave to remain. Should this be the case, the applicant may be able to appeal their claim.
• The final option is that the Home Office has discovered that the new evidence provided does not satisfy the legal test for a fresh claim. This also means that the applicant will not be able to appeal this either.

An applicant who receives a response that their new evidence does not meet the legal test may be able to submit a new, fresh claim or be able to request a judicial review. That being said, doing so is extremely complex, and those who decide to do so will need legal representation.

Fresh claims can take less time or the same amount of time as a primary application. Due to a backlog of cases in the UK, processing times for asylum claims with the Home Office can take a few weeks to over a year.

However, those who have a pending claim in the UK cannot be removed before the Secretary of State has considered the submissions under UK law.

Yet, despite this, it doesn’t mean that applicants waiting for a decision on their fresh claim cannot be removed from the UK. The Home Office may issue a letter that says the submission did not have grounds for a fresh claim. This could then lead to you being detained or informed you will be removed from the UK.

Applicants always need to ensure they obtain a receipt when they submit their claim. If an applicant is unable to present proof that they have a pending claim, this increases the risk of being removed.