All Articles: Fresh claims

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...

6th December 2022
BY Katherine Soroya

What amounts to a “fresh claim” for permission to stay in the UK and how should the immigration tribunal handle challenges arguing that someone’s case should be treated as a fresh claim? These were the questions considered by the Upper Tribunal in R (Akber) v Secretary of State for the...

3rd November 2021
BY Alex Piletska

The Home Office breached the human rights of a refused asylum seeker by evicting him while his eighth attempt to reopen his asylum claim was still pending, the High Court of Northern Ireland has found. The case is Re Omar Mahmud [2021] NIQB 6. Background Mr Mahmud, 42, is a...

25th February 2021
BY CJ McKinney

Human beings crossing the English Channel are making headlines again. The number of people who reach the UK via this extremely difficult, dangerous but lawful route is minuscule, and the total number claiming international protection here insignificant compared with the situation in many other countries, yet these stories continue to...

12th August 2020
BY Chris Desira

With so much focus on whether an asylum seeker has established a well founded fear of persecution in their country of origin, the question of whether their appeal falls to be allowed under Article 8 of the European Convention on Human Rights is often given only cursory attention. However, it...

19th February 2019
BY Iain Halliday

Claiming asylum is an important human right backed by the United Nations Refugee Convention and recognised by countries around the world. In order to make this right a reality in practice, countries like the UK have set up systems by which people must apply for asylum. In this way, asylum...

29th August 2018
BY Nath Gbikpi

The High Court has issued a helpful reminder to the Secretary of State that basic rules of procedural fairness continue to apply, even in the thorny context of removal windows and detention. In R (AT & Ors) v Secretary of State for the Home Department [2017] EWHC 2714 (Admin), HHJ Walden-Smith...

13th December 2017
BY Chai Patel

Further submissions are notoriously difficult to prepare. In PR (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 1946 the Court of Appeal has highlighted the need for focussed representations that make specific reference to all evidence and country information being...

29th November 2017
BY Christopher Cole

In the judicial review case of Ayache, R (on the application of) v SSHD (paragraph 353 and s94B relationship) [2017] UKUT 122 (IAC) the Upper Tribunal considers the lawfulness of a decision to certify a human rights claim under s.94B Nationality, Immigration and Asylum Act 2002. For those not already...

4th April 2017
BY Nick Nason

Two further cases have added to the jurisprudence on whether it is possible under the Immigration Act 2014 to appeal against a refusal of a fresh protection claim. The cases are R (on the application of Sharif Hussein) v First-Tier Tribunal (para 353: present scope and effect) IJR [2016] UKUT...

26th September 2016
BY Colin Yeo

A DIY approach is difficult in immigration law. Hardly a year goes by without the higher courts complaining about “a degree of complexity which even the Byzantine emperors would have envied” [as lamented by Jackson LJ in 2013]. This is even more of a problem as legal aid is removed...

8th January 2016
BY Taimour Lay

The Home Office has introduced a new policy on reconsideration of old human rights claims that were refused before 6 April 2015 with no right of appeal: Requests for reconsiderations of human rights or protection based claims refused without right of appeal before 6 April 2015. The policy is important in...

21st May 2015
BY Colin Yeo

Following on from my earlier alerter post, I’ve now had time to properly read and start digesting the Supreme Court judgment in BA (Nigeria) v SSHD [2009] UKSC 7. It is certainly good news in terms of streamlining and ensuring that there is proper protection available to those who make...

2nd December 2009
BY Colin Yeo

I thought it was high time for a general advice post, as it’s been a while since the last one. This one is about fresh claims for asylum. A failed asylum seeker can apply for asylum again; this is referred to as a ‘fresh claim’. By ‘asylum’, I’m referring here...

20th May 2009
BY Free Movement
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