Fresh Asylum Claims Solicitor

If your asylum claim has been refused and your appeal has been dismissed, you may still be able to make a further submission to the Home Office. This is known as a fresh claim. Law and Justice Solicitors provide specialist advice on fresh asylum claim submissions for clients across the UK.

What Qualifies as a Fresh Claim?

A fresh claim is governed by paragraph 353 of the Immigration Rules. To qualify as a fresh claim, the further submissions you make to the Home Office must meet two conditions. First, they must be significantly different from the material that has previously been considered. Second, when taken together with the previously considered material, they must create a realistic prospect of success at a future appeal.

Both conditions must be met. Submissions that simply repeat what was previously argued or that present only minor additional evidence are unlikely to qualify as a fresh claim. It is essential to identify genuinely new and significant material before making further representations.

Preparing the Evidence

The strength of a fresh claim depends entirely on the quality and relevance of the new evidence. New evidence might include country of origin information that was not available at the time of the original claim, medical or psychological evidence, updated witness evidence, or evidence of changed country conditions. Our solicitors will review what was considered before and identify what new material could support a fresh claim.

Submitting to the Home Office

Further representations must be submitted in writing to the Home Office. The submission must clearly set out why the new material is significantly different from what was previously considered and why it creates a realistic prospect of success. The Home Office will then decide whether the submission amounts to a fresh claim.

If the Home Office decides that the further submissions do not amount to a fresh claim, that decision can itself be challenged by way of judicial review. We can advise on the merits of a judicial review challenge where appropriate.

Appeals and Judicial Review

If the Home Office accepts that the further submissions amount to a fresh claim and then refuses the claim, a further right of appeal to the First-tier Tribunal arises. If the Home Office refuses to treat the submissions as a fresh claim, judicial review of that decision may be available. We can advise and represent clients at every stage.

Frequently Asked Questions

What is a fresh claim?

A fresh claim is a further submission made to the Home Office after an asylum appeal has been dismissed. To qualify as a fresh claim, the new material must be significantly different from what was previously considered and must create a realistic prospect of success at a future appeal.

What new evidence can support a fresh claim?

New evidence may include updated country of origin information, medical or psychological reports not previously available, new witness evidence, evidence of changed country conditions, or other material that was not before the decision-maker at the time of the original claim or appeal.

Can I work in the UK while a fresh claim is pending?

Generally you do not have permission to work while further representations are pending with the Home Office. There are limited exceptions. We can advise on your specific situation.