What is a Fresh Claim?
When an asylum claim is rejected and the following asylum appeal is also unsuccessful, an asylum seeker may not immediately leave the country. If during this time, the situation in his home country changes (ie gets worse or there is a change in government) or if new relevant evidence comes to light (like a new arrest warrant from the home country etc), then the law allows the asylum seeker to present that evidence as a fresh claim.
Our immigration lawyers have experience in assisting clients in first of all assessing whether their case merits a fresh claim, and then to help draft the fresh claim.
As Immigration solicitors are aware fresh claims are governed by Paragraph 353 of the Immigration Rules:
“Fresh Claims 353. When a human rights or asylum claim has been refused and any appeal relating to that claim is no longer pending, the decision maker will consider any further submissions and, if rejected, will then determine whether they amount to a fresh claim.
The submissions will amount to a fresh claim if they are significantly different from the material that has previously been considered. The submissions will only be significantly different if the content:
(i) had not already been considered; and
(ii) taken together with the previously considered material, created a realistic prospect of success, notwithstanding its rejection.
This paragraph does not apply to claims made overseas.
353A. Consideration of further submissions shall be subject to the procedures set out in these Rules. An applicant who has made further submissions shall not be removed before the Secretary of State has considered the submissions under paragraph 353 or otherwise.
This paragraph does not apply to submissions made overseas.”
To put it simply, you will be able to make a fresh claim if you can show:
- that there are new evidence or change in circumstances that have not been considered by the Home Office, and,
- that this new pieces of evidence will make a difference to the outcome of your case.
What are the kind of circumstances where can fresh claims can be made?
- When you have failed to disclosed to the Home Office or the Immigration Judge everything that happened to you.
- You have received some important documents from your own country, which were not available to you when your asylum claim was considered.
- There may have been changes in the law in your own home country which may put you at risk of persecution.
- There may have been changes in the condition of your home country that may put you at risk of persecution.
- You may have converted to a different religion after the removal of your asylum claim, and you face the risk of persecution due to the conversion.
The situations above are examples and you are not restricted by them; there are as many fresh claims as there are asylum claims.
What is the process for fresh claims?
- If your asylum claim was made before 5 March 2007:
- your case is managed by case resolution directorate from the Home Office and you will need to make your further submissions by appointment and in person at Liverpool further submissions unit (FSU), and,
- you cannot make a further submission at Liverpool FSU unless you have an appointment.
*If you cannot travel to Liverpool FSU
You will not need to book an appointment if you are unable to travel to the FSU because you meet one of the following exceptional criteria:
- you have a disability or severe illness and are physically unable to travel;
- you are imprisoned or in detention and cannot make your submission in person; or
- you are an unaccompanied asylum-seeking child and cannot travel to the Liverpool FSU because it is too far away.
Instead, you are allowed to fax your further submission to the further submissions team in Liverpool.
This requires actual physical attendance, which can be a worry for clients. Our Immigration Lawyers will use best practice techniques to help.
- If your asylum claim was made on or after 5 March 2007:
- your case is managed by a regional case owner and you will need to make your further submission in person at a specified reporting centre in your region, and,
- the process may be slightly different in different regions, but all cases will be treated equally across the country.
Fresh claims are complex and are at the top end of experience needed. We are confident that amongst immigration solicitors and lawyers, our work is amongst the best.
Please contact us using the methods set out at the top right of the page.
5th Floor, Maddox House,
1 Maddox Street
0207 118 4546
© 2019 Westkin – London Immigration Lawyers
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