Further and Fresh Claims

Submitting a Fresh Claim

There are many factors that can constitute a fresh claim. We discuss some of those factors below.

1. New Evidence is made available to support your original claim

Documents, that were not available previously have now come to light and directly support your claim. These documents can either be sourced directly from your native country or via third parties like researchers who produce what is called 'objective evidence'.

Documents could include, newspaper clippings, police report and warrants or witness statements from family and friends who have been persecuted.

You may also have new evidence because of your activity in the UK, since your asylum appeal was refused.

2. A change of circumstances in your home country

A change of circumstances might be reflected in new country guidance case law. These are asylum appeals chosen by the immigration tribunal to give legal guidance for a particular country, or a particular group of people in a particular country. The decisions in these cases are assumed to be based on the best possible evidence about that country at that time.

3. Development in Case Law and Legislations

This could also include a legal judgment that the Home Office was wrongly applying a policy, or that the procedure for determining asylum claims should be done in a certain way that didn't happen in your case.

If you can show that your case was refused because the Home Office was using a certain policy, or certain procedures were used, that have now been found to be unlawful, your fresh claim may ask for your case to be reconsidered on this basis.

4. Fresh claim on a new basis

This could include something you were not able to tell the Home Office at the beginning of your asylum claim out of fear or embarrassment. The time spent in the UK might mean that you now feel safer saying this.

There may be other previously undisclosed reasons you would be at risk. Many victims of trafficking do not disclose they have been trafficked, and often give a story to the Home Office and courts that their trafficker has told them to say because they believe they will be put in danger.

You may have entirely new family or private life grounds for a fresh claim on a human rights basis, particularly if you've been in the UK a long time.

Fresh Claim decision

Once you have submitted your new evidence to be considered as a fresh claim, the Home Office will consider your evidence and decide whether they want to review their previous decision.

Home Office agreement

If the Home Office decides that your evidence meets the fresh claim criteria they will go on to decide whether that evidence shows that you need to be given protection or the right to stay in the United Kingdom.

The Home Office often decide based just on the evidence you have given them. Sometimes, an interview can take place to establish further details from your claim.

If they decide that the new evidence shows you would be in danger in your country, or you meet the human rights rules to stay in the UK, they will grant you permission to stay.

If they decide that your evidence meets the fresh claim test but does not prove you need to stay in the UK, they will refuse your fresh claim. You usually have the right to appeal this decision.

Home Office disagreement

If the Home Office decide that your evidence does not meet the legal test and is a not a fresh claim, they will reject your submissions. Unfortunately, there is no appeal right with this decision. You could be detained or removed following this decision.

Can I be removed from the UK if I have submitted a fresh claim?

The immigration rules say that “An applicant who has made further submissions [to be considered as a fresh claim] shall not be removed before the Secretary of State has considered the submissions under paragraph 353 [the fresh claim legal test] or otherwise.”

Submitting a fresh claim doesn't always mean you will be able to stay. The Home Office may issue you with a notice acknowledging your fresh claim but also informing you of your impending detention or removal from the country.

If you have already been told you are going to be removed, and then you submit further evidence, the Home Office will typically consider and refuse the further evidence very quickly and say that they still intend to remove you.

Why choose Westridge Legal?

Fresh Claims matters can become very complicated very quickly and it is important that you obtain legal advice prior to pursuing any claims of this nature. Our team of Immigration lawyers are aware of the sensitivity and complexity involved in such matters. We understand that every individual requires different care and are here to support you.

Our highly experienced lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.