A fresh claim can be applied for after you human rights / asylum application has been refused by the Home Office and you have exhausted your appeal rights.
To make this application you must have new evidence that has that has not been considered before.
Fresh claims are also known as a Further Representations or Further Submissions.
Requirements of making your fresh claim
Not all new evidence will be considered a fresh claim.
There are specific requirements that must be met:-
1) Your new evidence must be significantly different from the material that has previously been considered in your case.
If you have had this evidence all along and have simply chosen not to disclose it, then the Home office will refuse your fresh claim.
The new evidence must not only be new to the Home Office, it must also be fresh to you.
2) The new evidence must make your case stronger and give you a realistic prospect of success.
It is imperative that the evidence be relevant to your case.
What is relevant depends on the reason you were initially refused by the Home Office and the immigration court. For example if something important to your case was not believed, then evidence confirming the disputed fact will be relevant to make your case stronger. This will give you a realistic prospect of being success in your fresh claim.
The new evidence must be central to your case.
If you were not believed by the Home Office or court and were told that you lacked credibility, this does not mean that your fresh claim will be immediately refused. The Home Office must consider all the evidence you provide them, before making a new decision.
3) The new evidence will be taken together with other materials that have already been considered in your case.
Bearing in mind the material that have already been considered in your case, your new evidence should not be contradictory. It should strengthen what you have been saying all along.
What To Do Before Making Your Fresh Claim
Read all the documents that you have regarding your case. Make sure you read your Screening Interview, SEF Application, your Refusal Letter from the Home Office. If you have appealed to the court, you should also read your appeal determination.
It is very important that you understand why your case has been refused so that you can think about how best to convince the Home Office that you are telling the truth and that you are in need of protection.
Things to think about:-
1. Do you have any recent documents / photographs / ID cards or anything else sent from your country of origin that was not available during your hearing. You will have to explain what the evidence proves and how it will strengthen your case. Keep the envelope your documents were sent in, this will prove that the documents were sent to you from where you say it was.
3. Are there any newspaper articles that explains what you have been saying?
4. Check online for articles that will support your case. This is known as objective evidence. You can find these in reputable human rights organisation.
Fresh claim based on your family life
Your family or private life may have changed since you first applied for asylum. For example you may now be in a relationship / married or have children. Or you may simply have evidence that to prove your family life, such as children or your partner, not previously believed. Such as birth certificate or marriage certificate together with photographs.
It would be beneficial to your case if you provide letters of support from your family, friends, religious establishment (if applicable) or community involvement you have. They should talk about your relationship and the affect your removal will have on them.
What if the reason I am making a fresh claim now is different to the reason I first applied for asylum?
Where your application is different from your initial asylum application, the conditions for a fresh claim will still have to be met.
It may be that the conditions of your country has changed significantly since you applied for asylum such as a change in politics or the law. There may be a change in policy in how the Home Office deal with application from your country.
How should I write my fresh claim?
Remember that you are making your a fresh claim to convince the Home Office that your new evidence makes your case stronger and proves that you are in need of protection.
1. Start by saying that you are making a fresh claim under the Immigration Rules 353. (This is the part of the law that deals with fresh claims)
You should write the exact wording of the Immigration Rules:-
When a human right or asylum claim has been refused or withdrawn or treated as withdrawn under paragraph 353C of the Rules and any appeal relating to that claim is no longer pending, the decision maker will consider any further submission and, if rejected, will then determine whether they amount to a fresh claim. The submission will amount to a fresh claim if they are significantly different from the material that has previously been considered. The submissions will only be significantly different if the content:
- had not already been considered; and
- taken together with the previously considered material, created a realistic prospect of success, notwithstanding its rejection
2. Write a letter to explaining the evidence you are submitting in your fresh claim.
3. Explain what the new evidence is. It may be easier if you number all the pages of your new evidence to make it easier to refer to.
4. Explain how this evidence supports your case and why it should be believed. You should also explain how you got hold of it, and if it was sent from abroad, you will need to include the envelope proving this.
5. How does the new evidence make your case stronger and what does it prove?
6. How does your new evidence prove that you are in need of protection?
7. What will happen if you are returned to your country of origin?
8. Get your friends and family to write letters of support talking about their relationship to you and how they will be affected if you are removed. If they know that you will be persecuted in your country not origin, they should also mention this.
9. If you have children remember that the Home Office have a duty to safeguard and promote the welfare of your children when making a decision on your fresh claim. This law is covered in Section 55 (Borders Citizenship and Immigration Act 2009).
You may wish to include that section in your fresh claim.
10. Make sure that you copy all the evidence that you are sending and keep it safe.
Is there a deadline for making a fresh claim?
No. An application for a fresh claim can be made at any time after your asylum or human rights application has been refused and you have exhausted your appeal rights.
However, you should make your application as soon as you become aware of the new evidence.
Submitting your fresh claim
Make sure you make a copy of everything you are about to send and keep it safe.
Fresh claims must be submitted in person at Liverpool.
Before you can submit your application, you will need to call the Home Office at Liverpool. This office is called the Further Submissions Unit (FSU). The telephone number is 0151 213 2411).
The Home Office will send you a letter (or an email) confirming your appointment to attend with your fresh claim, they will also give you the address and a form that must be completed, that will be attached with your fresh claim. You can find a copy of the form here:-
Can I submit by post?
Most people are expected hand their application in person, however, you will be given permission to send your fresh claim by post if you fall into the following categories:-
1. Disabled or ill and unable to travel;
2. You are in prison or a detention centre;
3. You are an unaccompanied asylum seeking child.
You should call the Further Submission Unit (this is the part of the Home Office that deal with fresh claims) and ask for permission to send your fresh claim in.
They are open Monday – Friday 9AM to 4PM. You can get further information on the Home Office website by clicking here.
What Will I be Granted if my fresh claim is successful?
If your fresh claim is successful, you will be granted 5 year Refugee Status.
If the Home Office refuse your asylum you may be granted Humanitarian Protection, Leave under the Family Rules, Discretionary Leave or Leave outside of the Immigration Rules.
It is always advisable that you have a solicitor or legal representation to make this application for you.
Only make the application yourself if you absolutely cannot find a legal representative to assist you with your case.