Further submissions or a ‘fresh claim’ is a process for submitting an asylum (or human rights) application where there has been a previous failed claim and all appeal rights have been exhausted. It can be an effective tool for rectifying years of uncertainty for a failed asylum seeker however the approach to making the claim is fairly unique compared to other Home Office applications. 

Preparation

The starting point of any fresh claim is the decision of the first Judge (or decision-maker). Any new evidence which is to be submitted will only be considered a fresh claim if it meets two criteria:

1. It has not already been considered and
2. Taken together with the previously considered material it creates a realistic prospect of success

These rules are found at paragraph 353 of the Immigration Rules and further information can be found in the Free Movement training module. 

Essentially, what is required is enough evidence that it can be argued there would be a realistic prospect of success upon appeal to the Tribunal. The new evidence can relate to the initial failed application. Such as new mental health evidence that might explain past inconsistencies. It can pertain solely to new events in the country of protection, for example, a person joining a political campaign group or attending protests. It can also relate to developments in a person’s home country or in case law. This is not an extensive list but demonstrates the breadth of new evidence which can be collated.

Ready to submit?

During the pandemic the Home Office rather effectively allowed further submissions to be made by email. Unfortunately, the policy ended with the end of the lockdown. Submission is now only by in-person appointment at the further submissions unit in Liverpool.

An appointment must be made in advance with the Home Office by calling 0300 123 7377. If you are acting on behalf of someone, you will need to send a letter of authority to CSULOA@homeoffice.gov.uk at least 24 hours before attempting to book the appointment. At present, appointments are being made at short notice, within a day or two of making the call.

The nature of a fresh claim means that many who attend an appointment in Liverpool are destitute and the journey to Liverpool can be expensive and long. Individuals will likely have to rely on charity or the help of friends or family to attend the appointment. It is worth raising the issue of destitution when booking the appointment to try and get as much time as possible to plan travel.

In ‘exceptional circumstances’ the Home Office will consider email submission of fresh claims. The Home Office applies a strict test. If an individual is unable to travel due to disability or severe illness, they will need clear medical evidence confirming this, and it should be emailed to CSUEC@homeoffice.gov.uk. If someone is under 18, there is no need to attend in person.

The appointment

The further submissions appointment is a brief, mainly administrative, appointment. Anyone attending the appointment will need to take with them:

1. Confirmation of the appointment including barcode ‘ticket’. This is needed to enter the building.
2. Any new evidence being submitted including medical evidence, country evidence, or new case law.
3. A form of ID. This can be an expired ID or even a photocopy.
4. A further submissions ‘pro forma’ document (which can be downloaded here) outlining the evidence which is being included and why. This is more of a formality and does not form a key part of the evidence.

Once in the appointment, a member of staff will scan the new evidence and upload it to the Home Office system and provide a further submissions receipt confirming the case has been submitted.

Biometrics will also be taken. Biometrics are used for any future ID that is issued. No ID is issued whilst the claim is pending.

Waiting for a decision

Waiting for a decision can be a lengthy process. At present, a decision is unlikely to be made within six months and in many cases it will take much longer. The Home Office policy on permission to work applies similarly to fresh claims and first asylum claims. After 12 months have passed an application for permission to work can be made. As per the asylum policy, it only applies to jobs on the shortage occupation list.

Whilst the claim is pending, a person cannot be removed from the UK so submitting the application can add a layer of protection for anyone without immigration status.

When a decision is received it could say one of three things. The application could be successful outright, meaning it is accepted that it meets the fresh claim threshold and the Home Office grant refugee protection or an alternative form of leave to remain.

In many cases, whilst the Home Office accept the case meets the fresh claim threshold, they will not accept a grant of leave to remain is necessary. A right of appeal will be given in these cases, and this is a good opportunity to get the case before a judge and the new evidence assessed.

In a small number of cases, there will be a refusal without a right of appeal. The only way to challenge is by judicial review.

The judgment in the case of R (Akber) v Secretary of State for the Home Department (paragraph 353; Tribunal’s role) [2021] UKUT 260 (IAC) provides a useful summary of existing case law, confirms how the Tribunal should handle challenges, and the position in respect of fresh claims at the judicial review stage.

Conclusion

The procedure isn’t easy and even attending the in-person appointment can be a challenge for someone without immigration status. However, once the claim is submitted and this hurdle is overcome the case will eventually reach a new decision-maker and the possible outcomes can be life-changing.

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