Fresh Claim for Asylum
To get a fresh claim for asylum approved, new evidence needs to be presented. For this reason, most people choose to work with a professional on UK fresh claims for asylum.
To ensure you have the best chances of acquiring refugee status in the UK, get in touch with IAS on 0333 305 9375 and enquire about our asylum services.
What is a Fresh Claim for Asylum?
When an asylum application in the UK is rejected, including any appeals, the applicant becomes “appeal rights exhausted”. This means they no longer qualify to submit another appeal against the rejection.
At this stage, the candidate may choose to provide the Home Office with further submissions in an attempt to acquire British refugee status.
The Home Office uses the “fresh claims legal test” to decide whether the further submissions could represent a fresh asylum claim.
Giving false evidence for an asylum claim can result in prosecution and removal from the UK. Many people choose to avoid this scenario by working with a skilled immigration lawyer, such as one of our IAS immigration experts. Contact us on 0333 305 9375 to find out more.
Page Contents
- What is a Fresh Claim for Asylum?
- What is the Fresh Claim Test?
- The Basis of a Fresh Claim for Asylum
- How to Prepare for a Fresh Claim for Asylum
- How to Submit a Fresh Claim for Asylum
- What are the Possible Outcomes of a Fresh Claim for Asylum?
- What Happens After a Fresh Claim for Asylum is Rejected?
- What is the Difference Between a Rejected Claim and Inadmissibility?
- How Can IAS Help?
- FAQs
What is the Fresh Claim Test?
The Fresh Claim Legal Test is an examination conducted by the Home Office that reveals whether a claim deserves to be escalated. The following criteria will be assessed.
Realistic Prospect of Success
The Home Office decides whether a fresh claim for asylum should be approved by considering the chances of success. If there is a very low chance of success, they may decide to deny the application.
The candidate’s credibility is taken into account at this stage, so any history of false information will most likely lead to a rejection.
In addition, if the new information does not reveal anything significantly different about the case, the Home Office may decide to deny a fresh claim for asylum.
Reasonable Grounds for Delayed Submission
There must be a genuine reason that the applicant did not submit the new evidence with their original evidence. This means they cannot have already known the information. For example, if they are providing a new document, they must be able to explain why they didn’t initially have access to this document.
Previous Evidence
When investigating a fresh claim for asylum in the UK, the Home Office will consider any previous evidence that has been submitted. This helps them to understand why the original claim was rejected. However, as any new evidence is also taken into account, past failed appeals do not necessarily result in the denial of asylum.
The Basis of a Fresh Claim for Asylum
To have a genuine case for a fresh claim, candidates must have already submitted an asylum claim that has been rejected. They must have attempted to resolve this in other ways, such as appealing the asylum rejection.
There must also be new information that the candidate was not initially aware of. Examples include:
- Recent involvement in political, social or religious groups relating to the need for asylum
- New objective evidence (including new documents)
- Religious conversion
- Change of circumstances in the candidate’s home country (or new information in the home country)
- Additional reason for asylum that was not originally provided (new basis for asylum)
- Change in the Home Office case law legal guidance
- Proof of unlawful practice by the Home Office
- New reason to make a claim based on human rights grounds, family life or private life
How to Prepare for a Fresh Claim for Asylum
Applicants should be ready to explain their reason for seeking asylum, as this will be questioned in the asylum interviews.
They must also make sure they are familiar with all the documents involved in the original asylum application. This will help them understand why their claim was rejected and, therefore, submit a new claim that has a lower chance of rejection.
Part of the preparation for a fresh asylum claim includes collecting the supporting documents and reading them carefully. Candidates should make sure all of their documents are relevant and contain accurate information.
How to Submit a Fresh Claim for Asylum
The first step to submitting a fresh claim for asylum is to gather the supporting documents that will act as evidence for the fresh claim.
As a minimum, most people will need to submit:
- Proof of credibility
- Documentary evidence that has recently come into their possession (with the original envelope, receipt and delivery date)
- Proof of involvement with UK-based groups that would support the asylum claim
- Evidence that the persecutor is still actively pursuing them
These documents must be presented at a Further Submissions Unit (FSU), which are located in Cardiff, Belfast, Liverpool and Glasgow.
Some candidates are eligible for postal applications, but they must first contact the FSU and request permission to do this. Factors that may make someone eligible include:
- Being in prison or detention
- Having an illness or disability that makes it difficult to travel
- Being an unaccompanied asylum-seeking child
The next stage is to arrange an interview at a Further Submissions Unit. All interviewees must bring proof of identity, which can be in the form of a valid passport, driving licence, previous immigration status document and/or IS96/Bail 201 with a photograph.
As part of the fresh asylum interview process in the UK, the candidate will discuss their reasons for submitting a fresh claim, as well as present their supporting documents. They will receive a receipt to prove they have submitted a fresh claim for asylum.
While some decisions are made quickly, it is possible to wait up to 12 months to receive an approval or rejection letter from the Home Office regarding a fresh claim for asylum in the UK.
What are the Possible Outcomes of a Fresh Claim for Asylum?
The best possible outcome of a fresh claim for asylum in the UK is the candidate gaining refugee status due to a successful application.
In some cases, applicants are informed that their case passes the legal test, but they still do not qualify to be a refugee for other reasons. This type of decision can usually be appealed.
Fresh claims for asylum that do not satisfy the fresh claim test cannot be appealed according to Home Office immigration rules. The only remaining options are to submit another fresh claim or hire an immigration lawyer to help you request a judicial review of the case.
What Happens After a Fresh Claim for Asylum is Rejected?
The candidate must make a decision about whether they want to appeal their rejection or get a judicial review (if permitted by the Home Office).
Judicial reviews are carried out when the applicant believes the Home Office did not respect the law or immigration procedures when they handled the initial claim for asylum. Examples include unlawful detention and unjust imminent removal.
Once all options have been exhausted, the candidate is at risk of being deported from the UK. The Home Office will contact individuals with rejected claims with a notice period of 7 calendar days (or 72 hours for detained people).
The other conditions for the notice period are that there must be at least one working day in the final 24 hours, and two working days in the 72 hours.
Deportation only occurs after a fresh claim for UK asylum has been rejected. Individuals with ongoing cases, including appeals, will not be removed from the country. The same applies to anyone with an injunction against deportation.
What is the Difference Between a Rejected Claim and Inadmissibility?
People with rejected fresh asylum claims have gone through the application process and received a refusal from the Home Office. They have not been given refugee status as they do not meet the criteria, so they are known as refused asylum seekers.
On the other hand, inadmissibility is when someone is not eligible to make an asylum claim to begin with. This means they do not submit a form to the Home Office, and their case is not investigated beyond checking the eligibility criteria.
Examples of reasons for inadmissibility include:
- Health issues
- High risk of becoming a public charge
- Criminal history
How Can IAS Help?
Our committed team is here to explain exactly how fresh claims for asylum work and how you can submit a fantastic application.
IAS work with you on every detail of your application to ensure it includes additional information that the Home Office has not yet seen. This ensures your case will be considered, and you may be granted refugee status.
Call us on 0333 305 9375 to find out how we can support you with a fresh claim for asylum in the UK.
Legal Disclaimer
The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Immigration Advice Service before making any decisions based on the content provided.
Last modified on August 9th, 2024 at 2:08 pm
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FAQs
Yes, it is safe to submit a fresh claim with new evidence. You cannot be removed from the UK while your case is being investigated, so there is no risk of being sent back to a place that is dangerous for you.
There are also safeguarding measures in place to keep the asylum process in the UK as comfortable as possible for applicants. Asylum seekers rights in the UK are taken seriously, so all professionals working on the case have a responsibility to protect the applicant.
Yes, there are no restrictions on fresh claims for asylum with regards to the applicant’s country of origin.
As long as there is evidence of relevant persecution, a claim can be made.
No, you can only make a fresh asylum claim if your first claim was rejected by the Home Office. If you have made an error on your first application, get in touch with the Home Office.