“Kangs has an excellent reputation. They care about their clients and go the extra mile for them”

Chambers & Partners

Winner of the Legal 500 - 'Criminal, Fraud & Licensing Law Firm of the Year 2019'

‘Fresh Claim’ Applications in the UK

What Is A Fresh Claim?

When a claim for asylum/protection/human rights is refused by the Home Office and all appeal rights have been exhausted, it is possible to make further representations to the Home Office where new or additional evidence becomes available.

The Home Office can be requested to treat these new representations as a ‘Fresh Claim’ which it will do in accordance with Paragraph 353 of the Immigration Rules.

The Legislation

Paragraph 353 of Part 12 of the Immigration Rules provides:

‘When a human rights or protection claim has been refused or withdrawn or treated as withdrawn under paragraph 333C of these Rules and any appeal relating to that claim is no longer pending, the decision maker will consider any further submissions and,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 to be made have to be ‘significantly different’ from the material previously presented.

What Material Constitutes ‘Significantly Different’?

Significantly Different’ material is that which:

  • has not already been considered; and
  • taken together with the previously considered material, created a realistic prospect of success, notwithstanding its rejection.

What Amounts To New Or Additional Evidence?

This may include:

  • documents received from the asylum seeker’s home country, such as an arrest warrant;
  • the arrest of a family member in the home country;
  • evidence from political parties;
  • newspaper cuttings;
  • change of circumstances in the asylum seeker’s home country;
  • a development in case law.

Latest News

EEA Residence Card Or Pre Settled Status? | Immigration Solicitors

EU Citizens who plan to live, work, or study in the UK are able to apply under the EEA Regulations 2016 or the EU Settlement Scheme in order to protect their rights throughout the transition period until 30th June 2021. If the UK leaves the EU without a deal, the...

Human Rights | Fee Waiver Policy | Kangs Immigration Solicitors

Whilst the level of fees payable upon immigration applications continues to increase, there are opportunities in various instances where a waiver may be available. Sharan Rupra of Kangs Solicitors comments upon the situation. Potential Fees | Kangs Immigration...

Deportation | Successful Outcome | Kangs Immigration Solicitors

Kangs Solicitors has successfully assisted a client, who was a serving prisoner, achieve his desired deportation under the Early Removal Scheme (‘ERS’) back to his home country, being France, despite initial difficulties encountered with the Home Office. Cagin Husnu...

Proposed Changes To Immigration Rules | Kangs Immigration Solicitors

The Government has indicated that it intends to simplify the existing complicated and complex Immigration Rules. Sharan Rupra of Kangs Solicitors comments. The Present Situation | Kangs Immigration Legislation Advisory Team The Immigration Rules HC395, which were...

Registration Certificate Applications | Kangs Solicitors

A national of a country within the European Economic Area (EEA), or of Switzerland, has an automatic right to live, work and study in the UK. Whilst there is no legal requirement for an EEA national to obtain a Registration Certificate, possession of one assists as...

The list is exhaustive depending on the asylum seeker’s personal circumstances and each ‘fresh claim’ will be decided on the strength of the new information provided.

Immediate Effect of a ‘Fresh Claim’

The asylum seeker will not be removed from the UK whilst the Secretary of State considers the further submissions.

How Can We help?

Kangs Solicitors has an established specialised Immigration Department, able to assist in all aspects of asylum and immigration applications at all stages from application preparation to representation at a Tribunal and any subsequent Appeal Hearings.

At Kangs Solicitors, our experienced team of immigration lawyers advise and assist clients with immigration status issues in the UK, on a daily basis.

We have a proven track record of successfully advising and guiding clients through the immigration application and appeals process.

Contact

Mrs Sharan Rupra
immigration@kangssolicitors.co.uk
07989 521 210 | 0121 449 9888 | 020 7936 6396

Birmingham

2 Wake Green Road, Moseley
Birmingham, B13 9EZ

0121 449 9888

London

9 Carmelite Street, City of London
London, EC4Y 0DR

020 7936 6396

Manchester

Pall Mall Court 61-67 King Street
Manchester, M2 4PD

0121 449 9888