Fresh Claim (Asylum)

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What is the further submissions process?

The further submission process is there to provide a mechanism for individuals to provide further representations in support of their asylum or human rights case, following a refusal of the case or withdrawal of an earlier protection case. The further submissions lodged must be considered under paragraph 353 of the immigration rules.

How can I make the further submissions?

From 16 August 2021 further submissions made on protection grounds must be made in person at one of the specified service and support centres. The Home Office operates an appointment only system for lodging further submissions. To make an appointment you must call further submissions first.

What should I bring to the appointment?

All documentary evidence requiring consideration must be submitted, but the Home Office does not require the dependents of the principal claimant to attend. In exceptional circumstances further submissions for protection grounds may be accepted by email or post if the solicitor can provide supporting evidence about the reasons for waiving an in-person requirement.

What if I wish to make further submissions on human rights grounds?

If you make further submissions on non-protection grounds (Article 8 Family and Private life) this should be submitted on a valid application form FLR (FP) or FLRO depending on the circumstances.

Will I be interviewed?

It is not mandatory to interview a further submission claimant. Decisions can be made based on the evidence provided.

What is the criteria for considering further submissions?

Once the information is provided the case-worker must consider it alongside the previous material, taking all the evidence available into account. The case worker will have to determine whether the further submissions amount to a fresh claim. However, further submissions which just repeat information already being considered will not be grounds for a fresh claim and the application can be rejected.

What is the legal test for a fresh claim?

Paragraph 353 of the immigration rules 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 meets both the following criteria:

1. It has not already been considered; and
2. Taken together with previously considered material, it creates realistic prospect of success before the tribunal on protection of human right grants.

Danielle invites you to take a look at her blog, where you will see the diverse range of clients that she has helped.

If you have any questions about the process or would like to apply for a scale up visa please contact Danielle or call on 020 7267 4133. Danielle will only charge you for the first consultation if you decide to become her client and if she can assist you.