- Fresh Asylum Claim Overview
- Requirements & Evidence to Make a Fresh Asylum Claim
- How To Make a Fresh Asylum Claim
- How The Home Office Makes a Decision on Your Claim
- Possible Outcomes For Fresh Asylum Claims
- How Birmingham Immigration Lawyers Can Help Your Fresh Asylum Claims
- Frequently Asked Questions
Fresh Asylum Claim Overview
If your asylum claim has been rejected and you have been through the full appeal process then it is possible to make a fresh asylum claim based on new evidence. This process is classed as ‘Further Submissions’ by the Home Office but it is more commonly referred to as a ‘fresh claim’.
Unlike a repeat claim which is based on the same evidence, a fresh claim hinges on the fact that new evidence has come to light that the claimant did not previously have.
However, this evidence must be submitted from within the UK, so if you have left or been removed from the UK as a result of your rejected asylum claim then you will not be able to make a fresh claim.
The process by which the government makes decisions on fresh asylum claims is very rigorous so you must make sure your new evidence is substantially different from your original evidence, very strong and specific, and highly relevant to your circumstances.
Requirements & Evidence to Make a Fresh Asylum Claim
To be eligible for a fresh asylum claim, you need to meet the various basic criteria set by the government to ensure the right people are chosen to become refugees.
You must have fled your country because you fear persecution based on your race, ethnicity, nationality, religious beliefs, or any other factor that puts you at risk due to the current political situation, such as your sexual orientation or your gender identity. You must be able to demonstrate that you have sought protection from your own country and that this was not sufficient.
Then you will need to make sure you are not a citizen of an EU country, that you do not have links to a ‘safe third country’ and that you did not arrive in the UK via a ‘safe third country’. In this case, a ‘safe third country;’ is one where you are not a citizen, where you would not be harmed, and where you would not be taken to another country where you may be harmed.
People claim asylum for many reasons, and each case has its own context. This diversity is why there are many circumstances under which a fresh claim might be deemed valid, and these include:
- The context has changed in your home country and this is relevant to your original asylum claim
- You have new evidence in your possession that you did not previously have
- There has been a change in law by which the government makes decisions on asylum applications
- The Home Office used a policy or procedure as part of its decision that is now found to be unlawful
- You have been engaging with UK-based groups that are relevant to your original claim, such as LBTQ groups or political organisations
- You have converted to a new religion and this provides a new basis to make a fresh claim
- You have evidence that the people responsible for the persecution you faced in your country are still looking to persecute you
- You have access to documents that otherwise demonstrate how you are credible for asylum in the UK
This evidence must be very strong and specifically relevant to you and your situation. Vague evidence is much less likely to pass the Home Office’s legal test. If you are unsure about the strength or relevance of your new evidence then it is best to seek the advice of an expert, such as our immigration lawyers here at Birmingham Immigration Lawyers.
In addition to the original documents and any new evidence, asylum seekers making a fresh claim will also need to hand in a document stating their previous immigration status as well as an IS96 or Bail 201 form with the relevant photograph. This is to allow full transparency regarding your previous asylum claims.
How To Make a Fresh Asylum Claim
All UK asylum claims, whether fresh or original, need a range of documents to be considered. You will need:
- A passport and any other travel documents
- Proof of identity via a driving licence, school records, birth certificate, or marriage certificate
- If you are living in your own accommodation you will need a document showing where you are living such as a tenancy agreement or household bill
- If you are staying in somebody else’s accommodation you will need a document showing their full name and address such as a council tax notice or tenancy agreement and a letter showing you have their permission to stay (no more than 3 months old)
- Any other documents that are relevant to your application such as medical records
As well as these documents, you will need to include your new evidence and an explanation as to why you believe it warrants a fresh asylum claim. It is important to know that you must submit your evidence in person if you are making a fresh asylum claim. This can be done at the Further Submission Units in Liverpool, Belfast, Cardiff, or Glasgow. You can contact this unit at 0300 123 7377 to make an appointment.
However, in some cases, you may be permitted to submit evidence via post, and this is usually for claimants who:
- Have an illness or disability that makes travelling difficult
- Are in prison or a detention centre
- Are an unaccompanied child
If this applies then you will also need to submit proof of your permission to post your evidence, as well as all the other documents listed above.
At your appointment with the Further Submissions Unit, you will be given a receipt as evidence that you have submitted your claim. You must keep this safe as it is useful to show that your claim is pending and to avoid the potential of being removed.
Although you will generally not have permission to work in the UK while you await a decision, you can access asylum support in the meantime. This includes accommodation and financial assistance known as ‘Section 95’ and ‘Section 98’ Asylum Support.
How The Home Office Makes a Decision on Your Claim
When the Home Office receives a fresh claim, they will use a legal test to decide whether or not it should be accepted.
The central criteria for the legal test is that the new evidence central to the fresh claim is significantly different from that of any previous submissions. The other criteria the legal test uses are that the new evidence has not been considered already, and that there is a reasonable prospect of success.
This is why any new evidence must be very strong and must relate to the core reasons you are applying for asylum.
When you provide evidence that has not been previously considered you or your legal representative will need to provide a thorough explanation as to why you are making a fresh claim with evidence that was not part of previous claims.
You should be aware that the Home Office may use the fact that you chose not to provide this evidence for previous claims as a reason to reject your fresh claim.
This is why the new information should be something you did not previously know about, have access to, or have in your possession. Submitting this evidence with its original envelope is a way of proving that you did not have the new evidence at the time of your previous submissions.
The legal test will use previous submissions and decisions as a starting point in its decision-making process, which is why the new evidence must be substantially different to the evidence you used in previous submissions.
Possible Outcomes For Fresh Asylum Claims
The Home Office will consider all factors including the original evidence, the new evidence, and any previous submissions and appeals, before coming to a decision.
The Home Office may decide that the new evidence satisfies the criteria listed above. In this instance, they will agree that the claimant requires protection from the state and that they have sufficient reasons to stay in the UK either with refugee status or with another leave to remain basis. If this is the case, you will be permitted to stay and work in the UK and you will be able to access public services such as the NHS, free state education, benefits, and the refugee reintegration loan.
However, if the Home Office decides that the new evidence is unsatisfactory and does not ‘pass’ the legal test then you will not qualify for the state’s protection or the various leave-to-remain statuses. If this decision is made, the Home Office will also determine whether an appeal would be possible. If they decide that an appeal is not possible, however, there is still the option to submit another ‘further submission’ with different evidence or to seek legal counsel for a judicial review.
While you wait for a decision on your fresh asylum claim, you will not be able to leave the UK, and the same is true if you are appealing the decision. However, if your fresh claim is rejected without the possibility to appeal then you will need to leave the country. Either you will make preparations alongside any assistance provided by the state or the Home Office will notify you via mail that they intend to take you to an immigration removal centre.
Applying for a fresh asylum claim can be a daunting process. The new evidence must be very strong and it can be difficult to know whether it will pass the legal test. Here at Birmingham Immigration Lawyers, we can help with your new evidence and explain why it warrants a fresh application.
We can also help with asylum support, appeals, and detention issues. If you have any questions about asylum, visas, citizenship issues, or any other immigration problems then simply call 0121 667 6530 or get in touch online and our team of immigration experts will help in whatever way they can.
Last modified on November 17th, 2023 at 1:00 pm
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The Home Office will refuse fresh asylum claims if the new evidence was not previously submitted, or if the new evidence is weak, vague, or does not apply to the applicant’s situation.
If your fresh asylum claim was refused then you should check to see if you can appeal the decision. If you are not allowed to appeal then you will need to leave the UK.
In most cases, a person claiming asylum in the UK is not permitted to work while they await a decision, but they can access various Asylum Support packages such as Section 95 and Section 98.