Meeting the Threshold of a Fresh Claim

Danielle Cohen
By Danielle Cohen Immigration Law Solicitor Linkedin
Danielle Cohen has over 20 years of experience as a lawyer and a reputation for offering professional, honest and expert advice.
15 April 2019

We have made a fresh asylum claim for a Zambian national on the basis of a new country expert report by Professor Agular in January 2019. The applicant who entered the UK initially in March 1980 to join her father, had several appeals which were lodged, heard and she had exhausted her rights of appeal in all applications. Her previous solicitors submitted an application for Judicial Review in January 2017 and in August 2017 she made further submissions on the basis of her right to private life. The permission to proceed with the Judicial Review was refused and she was served with notice of liability to removal and was taken into detention. She was released from detention and set on immigration bail and again her solicitors made further submissions which were rejected.

We submitted a fresh application on her behalf and provided fresh evidence which was not considered before, namely the expert report from Professor Agular. His report explained the reception conditions in Zambia and why a lone woman would not be able to live in Zambia. His expert report was significantly different from the material that was previously considered and therefore passed the threshold for a fresh application. We also raised arguments under Article 8 in relation to her family namely her mother and her siblings. We demonstrated that we had met the threshold for a fresh claim, and we are awaiting the decision.