Fresh Claim for Asylum

lexenlaw.co.uk > Fresh Claim for Asylum

Fresh Claim for Asylum in the UK

A Fresh Claim for Asylum is when someone who has already had an asylum claim refused submits new evidence or arguments that were not considered in their original case. It gives rejected asylum seekers another chance to be recognised as refugees if they can prove that there are new, credible, and significant reasons why they should not be returned to their home country.

The Home Office applies strict criteria not every new piece of evidence qualifies. It must be something that creates a realistic prospect of success before an independent tribunal.

When Can You Make a Fresh Claim?

You can only make a fresh claim if your asylum application and any appeals have already been refused.

Key Points:

Only after your first asylum claim has been refused and appeal rights are exhausted.

Must provide new evidence not previously available.

Evidence must be significant and credible enough to affect the outcome.

Submissions are made to the Home Office in writing, usually in person at Liverpool Further Submissions Unit (FSU).

Many people who were once refused asylum go on to secure protection in the UK through a well-prepared fresh claim. With the right legal support and compelling new evidence, your second chance can become a successful path to safety, stability, and a future free from fear.

What Counts as “New Evidence”?

Not all new documents or statements qualify they must be material to your asylum case.

Key Points:

Country condition reports showing increased danger (e.g., conflict, persecution).

Medical or psychological reports supporting claims of torture or trauma.

Evidence of political or religious activities in the UK that put you at risk if returned.

Changes in personal circumstances (e.g., sexual orientation disclosure).

Submitting a Fresh Claim

Fresh claims are submitted to the Home Office, usually by attending the Further Submissions Unit in Liverpool.

Key Points:

Must book an appointment at the FSU (some exceptions for detained applicants).

Submit a written statement plus supporting documents.

Include translations for any non-English documents (certified).

Your legal representative can prepare legal representations highlighting why it is a “fresh claim.”

How the Home Office Assesses a Fresh Claim

The Home Office does not decide the asylum claim itself but whether the new evidence qualifies as a “fresh claim.”

Key Points:

They assess if evidence is significantly different from what was already considered.

Test: whether the new material creates a realistic prospect of success before a judge.

If accepted as a fresh claim, your case proceeds as if it were a new asylum application.

If rejected, you may be removed from the UK unless other legal remedies apply.

Appeal Rights on Fresh Claims

Whether you get appeal rights depends on how the Home Office treats your submission.

Key Points:

If accepted as a fresh claim but refused again, you will usually have a right of appeal.

Appeals must be lodged within 14 days (inside UK).

Risks and Considerations

Fresh claims are not straightforward and often require strong legal support.

Key Points:

Weak evidence may lead to outright refusal and faster removal.

Legal aid may be available, but access is limited.

Professional legal advice is strongly recommended before submitting.

Contact our team today to discuss your situation in confidence.

Case Evaluation Available

No Comments

Sorry, the comment form is closed at this time.

Legal Remedy

Specials

Standard

Fresh Claim for Asylum