What Is 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.
- 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
The Requirements And Evidence You Will Need to Make a Fresh Claim For Asylum
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.
Fresh Claim Legal Test
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.
Step One: Analyse documents submitted in original claim for asylum
It is absolutely critical to the submission of new evidence that it has by no means already been considered as part of the original application for asylum.
Before proceeding, the applicant and their legal representative/s must be sure that this is not the case and so will audit the original claim to be sure. If the evidence has already been considered, the application should progress no further as it will not pass the Legal Test.
Step Two: Prepare new evidence
All new evidence should be compiled and filed as necessary for presentation. This may include a certified translation of documentation. A full written explanation must be provided for each piece of evidence, mapping out how and why it is pertinent to the claim.
Step Three: Book an appointment with the Further Submissions Unit
An appointment must be pre-booked with a branch of the British Government’s FSU. Offices can be found in Belfast, Cardiff, Glasgow and Liverpool. Appointments can be booked by phone.
If the applicant is disabled or ill and unable to travel, in prison, held in detention or is an unaccompanied child, they may be given special dispensation to file their claim by post. Such permissions are only given in exceptional circumstances.
Step Four: Attend Further Submissions appointment
The applicant must attend the FSU appointment in person to present their fresh evidence. This interview will usually also be attended by their legal representative/s. Once complete, the asylum seeker will be given a receipt confirming their refreshed claim.
Step Five: Decision supplied
The Home Office will process the claim and contact the asylum seeker with a decision once reached.
How Is a Decision Made On My Claim?
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:
- 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.
- 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.
- 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.
When Should I Expect a Decision?
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.
During the Asylum Claim Decision Period
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.
Newcastle Immigration Lawyers are specialists in asylum law and can help guide you through the process of initial claims, asylum appeals and fresh claim processes for additional evidence submissions. Contactable by phone on 0191 303 8965 or online at newcastle-immigrationlawyer.co.uk, the team offer free and no-obligation discussions with anyone seeking support.
We understand that asylum law is particularly complex and stressful to navigate, and that’s why we always communicate clearly in plain English to make things as easy as possible. At an initial advice session a lawyer can provide all the information you need on documents submission, the in-person FSU interview and the chances of the evidence passing the Legal Test. Newcastle Immigration Lawyers have had over 5,000 visa and asylum claim cases accepted and continue to strive to service justice throughout immigration law.
Last modified on October 18th, 2023 at 12:32 pm
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While further representations of evidence are being considered as part of a further submissions process, the applicant cannot be deported from the UK. However, if they are in receipt of a refusal letter from the Home Office and do not voluntarily leave the country, they are at risk of arrest and deportation.
Any evidence submitted found to falsified or misrepresented will result in the claim immediately being thrown out and no further appeals being heard. Furthermore, the applicant may be prosecuted.
The fresh claims process for asylum is only open to those who have already exhausted all appeals routes for their claim; and is only relevant for those who have obtained new documentation of relevant evidence.
There are four FSU offices in the UK managing in-person applications. These can be found in Belfast, Cardiff, Glasgow and Liverpool. The addresses of these offices are not shared publicly and so applicants must contact a central phoneline to book appointments and receive this information.