Fresh claim after asylum claim refused
Further claim may be made where you have had an initial asylum and/or human rights claim refused, or have withdrawn such a claim, and have exhausted all appeal rights in relation to that claim. If you have new or additional information which has come to light following the final decision on your previous claim, it is possible to make representations based on the new information to the Home Office and ask them to treat these fresh representations as a fresh claim for asylum. The Home Office will then consider the fresh representations in accordance with Paragraph 353 of the Immigration Rules.
Paragraph 353 states that submissions will amount to a fresh claim if they are significantly different from material that has already been considered. Submissions will only be significantly different if the content:
- has not already been considered; and
- taken together with previously considered material, creates a realistic prospect of success before the Tribunal on protection or human rights grounds, including claims under Article 8 ECHR (which will be considered under the Family or Private Life Rules, where appropriate)
All further submissions made on protection grounds following the refusal of asylum or humanitarian protection must be made in person at the Further Submissions Unit (FSU) in Liverpool. Claimants must make an appointment to attend the FSU
Evidence required for further submissions in person
When attending the FSU to submit further submissions, claimants are required to bring the following documents:
- a completed Further Submissions form detailing the additional information the claimant would like the Home Office to consider
- supporting documents, including, where available, any Reasons For Refusal Letters (RFRLs) or appeal determinations
- application Registration Card (ARC) if still in possession of this
- passport (of the claimant and all dependants in the UK, if not with the Home Office)
- Evidence of family life in the UK (for family or private life based submissions)
- Police Registration Certificates (if held)
- any other Identity documents (if held)
- 4 un-separated passport-sized photographs (of the claimant and any dependants)
- evidence of accommodation (if not provided by the Home Office)
- any other documents relevant to the claim
Inability to travel
Those who have a disability or severe illness and are physically unable to travel may submit written further submissions by post. Medical evidence that clearly indicates a disability or severe illness that results in the claimant being physically unable to travel to Liverpool must be provided to support any postal submission on this basis. Claimants must contact the FSU to discuss whether this applies in their case.
Unaccompanied children under the age of 18 who wish to lodge further submissions can do so by post and are not required to travel to Liverpool. However, former unaccompanied asylum seeking children aged 18 or over who wish to lodge further submissions on protection grounds following an earlier refusal of asylum should do so in person in Liverpool. Failed asylum seekers granted non-protection based leave to remain in the UK may apply to extend that leave by way of a valid postal application on the appropriate route.
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