The Process Of Making a Fresh Asylum Claim

A fresh claim for asylum is where an individual has already submitted an application for asylum in the UK but had it dismissed. Where new evidence has come to light since the dismissal that may prove pertinent to the case, a fresh asylum claim may be filed.

The Home Office will only accept a fresh claim where the information is either reinforces an existing argument made on the original claim or constitutes the formulation of a new reason. Evidence must be supplied, and there must be reason to believe that the new evidence being supplied is likely to result in success.

Page Contents

• What Is a Fresh Asylum Claim?
• The Requirements And Evidence You Will Need to Make a Fresh Claim For Asylum
• Fresh Claim Legal Test
• The Process Of Making a Fresh Asylum Claim
• How Is a Decision Made On My Claim?
• When Should I Expect a Decision?
• During the Asylum Claim Decision Period
• Our Specialist Immigration Team Can Help You Make a Fresh Asylum Claim
• Frequently Asked Questions

A fresh claim for asylum can only be made for or by someone who has had a claim refused. In order to submit a fresh claim, at least one of the following must be true:

• The applicant has recently come into possession of documents proving political activity relevant to the asylum claim
• There is new information from or a change of circumstances in the applicant’s home country relevant to the asylum claim
• There is new evidence that the Home Office will consider to be objective relevant to the asylum claim
• There is new evidence of the applicant’s activity in the UK that is considered relevant to the asylum claim
• The applicant has converted to another religion that may now be relevant to the asylum claim
• The applicant has a reason that they may qualify for asylum that they felt unable to disclose in their original claim interview
• Where the applicant has lived in the UK for a while, their family life or private life has experienced a change of circumstances (ie. they have had a child in the UK)
• The Home Office has undergone a change in their case law legal guidance relevant to the asylum claim
• The Home Office used a policy or procedure in the judgment of the asylum claim that is has been found to be unlawful.

Many of these criteria are subjective and/or ambiguous in their wording, and so it is always recommended that those filing a claim seek appropriate legal guidance.

The requirement to submit evidence to reinforce the case for an asylum claim is usually managed by an immigration lawyer as it must be faultless in its presentation to the Home Office. Such requirements include:

• Newly received relevant documentary evidence – still in the envelope it arrived in and with any receipt or proof of its delivery date
• Evidence that anyone responsible for the persecution of the applicant is still pursuing such action
• Documentary evidence demonstrating the credibility of the applicant from a relevant group or body (in the UK or in the applicant’s home country).

Where the further submissions of evidence are related to legal developments or changes in case law, a legal representative must be appointed to manage the fresh claim.

Those working in the legal industry will be able to provide relevant information pertaining to such changes and sufficient explanation on how this positively reinforces the case and the need for asylum to be granted to the applicant.

The Home Office will carry out a Legal Test to judge the eligibility criteria of the new evidence being submitted.

This test ensures that the new evidence presented is considered ‘significantly different’ from anything previously supplied with an application for asylum. This means that there is no chance the evidence has already been considered along with the otherwise dismissed asylum claim, and that, when combined with the previous material already submitted, there is a realistic prospect of acceptance.

Given the complexity of the law around asylum claims, it is always recommended that asylum seekers seek legal representation to maximise the chances of success in the legal test.

The Home Office follows a set process to make decisions on fresh claims for asylum with new evidence submitted. This follows one of three routes:

1. The evidence is reviewed and the Home Office caseworker decides all criteria is satisfied. The evidence is deemed to demonstrate that the applicant needs protection and/or satisfies human rights law or other leave to remain.
2. The Home Office decides that although the evidence is sufficient to pass the Legal Test, the asylum application is refused and there is no qualification of the applicant for protection or leave to remain. In this circumstance, an appeal relating to this claim for asylum may be filed.
3. The evidence submitted is not deemed to meet the Legal Test by the Home Office and the application is refused. In this instance, the applicant holds no appeal rights unless the case is taken to a full judicial review. All applicants will require appropriate legal representation for a judicial review; but these are rare and such action is only taken in exceptional circumstances.

There is no set time period for the fresh claims asylum appeal process. As a result, decision times vary hugely.

Where the Home Office has already taken steps to remove an applicant from the country, a decision is often reached fairly quickly in order to expedite this effort. Where this isn’t the case, it is not uncommon for the decision-making period to last up to a year.

When an applicant is waiting on the Home Office’s decision on an asylum claim, they are covered under humanitarian protection laws from removal from the UK. Immigration rules read “those with claims pending shall not be removed before the Secretary of State has considered the submissions”.

However, the applicant must be able to prove that their claim is still pending. This may include the presentation of the evidence receipt from the FSU appointment, which makes this an important document to hold on to.

If the claim has been filed and the Home Office has issued a letter stating that the evidence was not considered new and relevant information, the applicant may face voluntary removal or an arrest warrant.