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.
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‘When a human rights or protection claim has been refused or withdrawn or treated as withdrawn under paragraph 333C of these Rules and any appeal relating to that claim is no longer pending, the decision maker will consider any further submissions and,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.
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.
We have a proven track record of successfully advising and guiding clients through the immigration application and appeals process.
Who Can I Contact For Help? | Kangs Immigration Solicitors
Please feel free to contact our Immigration Team through either of the following who will be happy to speak to you and guide you:
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