What is a fresh claim?
A fresh claim is a paper-based application for the Home Office to reconsider a previous asylum decision because the applicant has new evidence to support their asylum claim that was not available before of if circumstances have changed considerably since you last claimed asylum.
If you were previously refused asylum and you have remained in the UK, but there has since been a considerable change in your circumstances, or you have been able to obtain further evidence to support your asylum claim, then you can apply for a fresh claim.
What are the requirements?
A fresh claim is considered under paragraph 353 of the immigration rules. The evidence that you rely on must be materially different from the evidence you had provided in your previous claim. If it is materially different than the Home Office will assess if this information was provided before, it would have resulted in a different decision made by the Home Office.
What kind of new evidence can I provide?
J M Wilson Solicitors appreciate it is hard for asylum seekers to obtain evidence, relating to their claim. Many are unable to seek support from anyone in their home country, as they may have lost contact with loved ones or close friends or even afraid to approach them. As a result, we are happy to advise all who wish to lodge a fresh claim about the evidence they can obtain to assist them, which might be accessible to them, depending on their circumstances. We can also assist in gathering such evidence. Below we have given some examples of the type of new evidence that can be provided.
The evidence that you rely on for a fresh claim can vary, depending on your circumstances. This could include, a country expert report about the circumstances in your home country, an arrest warrant against your name from your home country, evidence of political activity in the UK, a medico-legal report, identity documents or a medical report.
This is not an exhaustive list and evidence is usually case-specific. Our legal team can assist you with understanding what sort of evidence you can provide to assist your claim.
It is important for you to have all the documents you were sent by the Home Office, and/or the Tribunal. We will require all these documents to provide detail advice and support.
Can I get Legal Aid for this application?
Yes. We will need to assess your financial needs and check whether you are eligible for Legal Aid. This will be completed in the first meeting. If you are in receipt of NASS then evidence of this will need to be provided.
I have been refused asylum, I have some new evidence, how can J M Wilson Solicitors help me with submitting a fresh claim?
Usually, if you have gone through the asylum process, you were given a right of appeal to attend a hearing, where an independent Judge would make the final decision on your claim. The Judge would have made findings in your claim that they do not find your claim believable or credible and for this, they dismissed your appeal.
We would assess the decision made by the Judge and discuss with you where the Judge has not believed you and whether you can try and provide evidence about these issues raised by the Judge.
With every fresh claim, the starting point for the Home Office is to go back to Judge’s decision. That is why, we start with this decision and evaluate how you could provide new evidence from the information you had already given, to corroborate your asylum claim. Or if you already have new evidence, discuss with you whether this will help your new claim.
We may ask an expert (subject to funding being granted), to evaluate the new evidence or the country situation, to strengthen your claim.
We would also help you to prepare a statement so that you can explain in detail about, how you obtained the evidence, where it came from and why it was not available before, how the new evidence helps your case and why you believe that you will still be at risk on return.
We also encourage applicants to keep any original envelopes to submit as part of their fresh claim.
It is important to note that any new claim can not merely disagreeing with what the Judge has said, but rather confirming that if the Judge had this new evidence before them, then they would have allowed your appeal and granted you refugee status in the UK.
Sometimes, the applicant seeks assistance from a relative or a friend, who has visited their home country and resides in the UK, to collect evidence for them. If this occurs, then we may ask them to write a letter or a statement to confirm their relationship with you and how they were able to obtain the new evidence.
We will also assist you with completing a proforma and sending the application for you.
We will also provide you with an understanding of how strong your fresh claim is and what the pitfalls are.
We will prepare our legal representations to support your fresh claim and include any related objective evidence.
Is this application free?
Yes, this application is free. There is no Home Office fee.
How do I apply?
You must book an appointment with the Further Submissions team. This is usually done by phone. However, due to COVID-19, it is no longer possible to attend an appointment. You can submit your fresh claim by post by sending it to the following address:
Further Submissions Unit
Or you can email [email protected]
If you are afraid or have been afraid of being detained then now is a good time to submit your application, as it will be accepted by post.
Can I claim support after I submit a fresh claim?
After you have submitted a fresh claim, you can apply for Home Office (NASS) support for housing and weekly financial support. You can do this by calling Migrant Help on 0808 8010 503.
What happens if my claim is refused?
A fresh claim when refused does not normally attract a right of appeal, if the evidence is not materially different and does not meet immigration rules 353. You may then be liable to be detained. However, if the evidence is materially different and the Home Office still refuse the claim, then you are likely to have a right of appeal. This is an opportunity to present your case to a Judge who has powers to override the decision made by the previous judge.
Can I still submit a fresh claim even if I have no new information?
We do not recommend that you submit a fresh claim without any new evidence. It is important to try and submit a strong fresh claim with as much new evidence possible. Making a weak fresh claim, may adversely affect your future applications, since your behaviour in the UK, is also considered with each application, which includes consecutive fresh claims. We believe that it may further damage your credibility.
Despite the global pandemic, we are still open for business and if you need assistance do not hesitate to contact us by phone 0121 356 4556 or by email on [email protected]. We are happy to answer questions on our webchat facility on our website.