Cagin Husnu of Kangs Solicitors explains how when a claim for asylum or protection is rejected by the Home Office or the First-Tier Tribunal, the application may be renewed and submitted as a ‘Fresh Claim’.
The Legislation | Kangs Immigration Advisory Solicitors
Rule 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‘When a human rights or protection claim has been refused or withdrawn or treated as withdrawn under paragraph 333C of these Rules and any appeal relating to that claim is no longer pending, the decision maker will consider any further submissions and,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’? | Kangs Immigration Team
Rule 353 of the Immigration Rules provides that ‘significantly different’ material is that which:
- has not already been considered; and
(ii) taken together with the previously considered material, created a realistic prospect of success, notwithstanding its rejection.
Immediate Effect of a ‘Fresh Claim’ | Kangs Asylum and Protection Solicitors
The applicant will not be removed from the UK whilst the Secretary of State considers the further submissions.
How Can We Assist? | Kangs Expert Immigration Solicitors
If you require advice on any immigration matter then please do not hesitate to contact our team through either of the following: