Further claim/submission can be made when the initial asylum application is refused which makes many migrants wonder what amounts to a ‘fresh claim’ for permission to stay in the UK. Read on to know more about the fresh claim.
What is a fresh claim?
When the asylum or human rights application is refused or withdrawn and no appeal relating to the decision is pending, the asylum seeker can make a fresh claim to request the Home Office to make a new decision on the right to stay in the UK.
The fresh claim is made when the applicant is ‘appeal right exhausted’, however, new evidence has since come to light to back up your claim and reinforce an existing argument.
The evidence submitted should contain new and relevant information and would result in a realistic prospect of success.
Who can submit a fresh claim?
An individual has exhausted all appeal rights in relation to the asylum claim, they are liable to make a fresh claim in the following circumstances:
- The migrant has come into possession of official documents providing proof of his political activity
- The person has received new information from the home country relating to the case
- New evidence pertinent to the claim has come to light recently
- New relevant evidence based on your activities in the UK
- Any change in the case law legal guidance
- Stating another reason to qualify for asylum which you previously did not disclose
- Making a fresh claim on the basis of family life, private life, or human rights grounds
Fresh Claim Legal Test
Once fresh asylum or human rights claim is made, the Home Office uses a legal test defined in the Immigration Rules to test the eligibility of the fresh claim.
- The new evidence is not previously considered
- Combined with previously considered evidence, it creates a realistic prospect of success
Evidence Required For Fresh Claim
Some of the evidence required to be submitted with the fresh claim include
- Documentary evidence was received along with the envelope in which the evidence arrived
- Evidence demonstrating your credibility
- Evidence relating to your involvement with UK-based groups relevant to the asylum claim
- New information about the individuals who persecuted you are still actively pursuing you
Submitting a Fresh Claim
Due to the complexity of the asylum law, contact your lawyer to discuss the basis of your new claim.
- Assess the documents in your possession for the new asylum claim
- Prepare new evidence along with an explanation for the evidence you are submitting
- Make and attend an appointment at the Further Submissions Unit and carry the evidence and supporting documentation
- Get the receipt stating a new claim has been submitted
- Wait for the decision from the Home Office
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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