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Asylum Fresh Claims

The complexities of fresh asylum claims require understanding and precision. These claims are crucial for those seeking asylum, offering a chance to present new evidence or changes in circumstances.

For expert guidance on asylum fresh claims, contact London Immigration Lawyers at 0204 502 8582. Our team expertise can provide crucial support in this vital process.

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    What Are Further Submissions, And What Is a Aresh Claim?

    Further Submissions and Fresh Claims are significant concepts in UK immigration, particularly in asylum and human rights cases.

    Further Submissions

    Additional representations are given to the Home Office after an unsuccessful initial asylum claim. The purpose of further submissions is to introduce new evidence or information that was not previously considered. For these submissions to be accepted as a fresh claim, they must provide a realistic prospect of success when combined with the previously considered material​​​​.

    Fresh Claim

    A fresh asylum claim is established when the Home Office accepts further submissions under two conditions:

    • The new information or evidence hasn’t been considered before.
    • The new evidence, combined with what was previously considered, creates a realistic chance of success. This involves a two-stage test by the Home Office: assessing whether the information is new and whether it provides a realistic prospect of success​​​​​​.

    Fresh claims in immigration are vital for individuals with initially rejected asylum or human rights claims, offering a chance for review and appeal. This process ensures new and significant information is considered before finalising these critical decisions.

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    The Fresh Claims Test

    The Fresh Claims Test is a critical component in the UK immigration process, particularly for individuals seeking to make further submissions after an initial asylum or human rights claim has been rejected. This test determines whether the new evidence or information constitutes a ‘fresh claim’ under immigration law.

    Components of the Fresh Claims Test

    Uniqueness of Information

    The test evaluates whether the new information or evidence has already been considered. If the information is not new, it fails at this stage, and the submissions will not be treated as a fresh claim​​​​.

    Realistic Prospect of Success

    If the new information passes the first stage, the Home Office assesses whether this new evidence, combined with the previously considered material, creates a realistic prospect of success. This involves considering if an Immigration Judge might have made a different decision had this information been available earlier. The evidence is not examined in isolation but in conjunction with the earlier submissions​​​​.

    Importance in the Claim Process

    The Fresh Claims Test in immigration critically filters new information, allowing only substantial and relevant updates to reconsider a case. It balances the system, preventing overload with trivial claims while acknowledging significant new evidence. Successful fresh claims enable a reassessment of UK residency rights and, importantly, provide an appeal opportunity if refused, upholding the integrity and fairness of the UK’s asylum and human rights protection system.

    The Basis Of a Fresh Claim

    The basis of a fresh claim in UK immigration involves submitting new and relevant evidence to the Home Office, particularly after an initial asylum or human rights application has been refused and appeal rights are exhausted.

    Grounds for a Fresh Claim

    • New evidence on the Original Asylum Claim can include documentation or testimonies unavailable during the original application process.
    • Changed Personal Circumstances For example, if the applicant’s situation has altered significantly since the original claim was made and dismissed.
    • Altered Conditions in the Applicant’s Home Country Changes in the country’s situation affect the validity of the original asylum claim.
    • Updated Case Law New legal decisions could influence how similar cases are handled or decided.

    Impact on Claim Success

    Submitting a fresh claim with strong, new evidence can significantly impact the claim’s success. It allows the Home Office to reassess the case with the new information. If the fresh claim meets the legal test, it could lead to a positive decision on the right to stay in the UK. However, poor-quality submissions will likely be rejected, potentially worsening the applicant’s situation. Therefore, the quality and relevance of the evidence submitted are crucial for the success of a fresh claim​​​​.

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      How To Submit Your Fresh Claim

      To submit a fresh claim for asylum or human rights in the UK, you must follow specific instructions and procedures:

      Submission Channels

      Submissions are usually made in person at a Home Office Service and Support Centre (SSC). Exceptions include circumstances like inability to travel or ongoing judicial reviews.

      These are typically submitted online using the Home Office’s immigration application forms, with the form depending on the application (e.g., family, private life, medical grounds)​​.

      Gathering Evidence

      Ensure that your evidence is new, relevant, and significantly different from previously considered. It could include documents, reports, or any material supporting your claim.

      Deadlines and Procedures

      • There is no specific deadline for submitting a fresh claim. However, it should be done immediately after your appeal rights are exhausted.
      • When submitting, clearly explain why the new evidence was not presented earlier and its relevance to your claim.
      • Book an appointment (for protection grounds) or complete the appropriate online form (for human rights grounds).

      Can You Be Removed From The UK If You Have Submitted a Fresh Claim?

      After submitting a fresh claim for asylum or human rights in the UK, it’s important to understand its implications on potential removal from the country:

      • Submitting a fresh claim does not automatically halt or delay removal proceedings. The Home Office may still proceed with removal actions if they deem the fresh claim insignificant or lacking new, relevant evidence​​.
      • If the Home Office considers the fresh claim to meet the necessary legal criteria, removal actions are suspended while the claim is assessed. This allows for thoroughly evaluating the new evidence or circumstances presented in the claim.
      • In cases where the fresh claim is accepted but eventually refused, the applicant generally has the right to appeal the decision, providing a legal avenue to challenge the removal.
      • The timing and relevance of the fresh claim submission are crucial. Late or irrelevant submissions might not provide sufficient grounds to delay removal proceedings.

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        The Home Office's Decision

        Role and Decision-Making Process

        The Home Office evaluates the new evidence or information submitted as part of a fresh claim. This involves checking if the evidence significantly differs from what was previously considered and whether it presents a realistic prospect of success​​.

        The decision-makers evaluate the new evidence against the previously considered information. This involves thoroughly examining whether the fresh claim could lead to a different outcome in the asylum or human rights claim.

        Based on this assessment, the Home Office decides whether to accept the fresh claim. If accepted, they determine the claim’s merits and decide on the right to remain in the UK.

        Appeal Procedures

        If the fresh claim is accepted but subsequently refused, the applicant can appeal the decision before the First-tier Immigration Tribunal. This provides an avenue to challenge the Home Office’s decision.

        To initiate an appeal, the applicant must follow the specified legal procedures, which include filing an appeal within a given timeframe and presenting the grounds for the appeal.

        The tribunal will review the case, considering the original evidence and the new information submitted in the fresh claim. The tribunal’s decision can uphold, alter, or overturn the Home Office’s decision.

        Refusal: Home Office Says Your Further Submissions ARE NOT a Fresh Claim

        Suppose the Home Office determines that your further submissions do not constitute a fresh claim. In that case, the evidence or information provided does not meet the criteria set out in the Immigration Rules.

        Reasons for Refusal

        • If the evidence submitted has already been considered in your previous claim, it will not qualify as a fresh claim.
        • The new information must be relevant and significantly different from previously considered. It may be rejected if it fails to create a realistic prospect of success.
        • If the new evidence, even if not previously considered, is deemed unlikely to change the outcome of the original decision, it may not qualify as a fresh claim​​​​.

        Next Steps After Refusal

        • If your further submissions are rejected, reassess your situation and options. This might involve consulting with a legal professional to understand alternative pathways or grounds for staying in the UK.
        • If you can obtain additional new and significant evidence not part of your original submission, you might consider making another set of further submissions.
        • In some cases, if you believe the Home Office decision was unlawful or flawed, you may consider a judicial review. However, this is a complex legal process and requires professional legal advice.
        • If there are no other viable options, it may be necessary to prepare for the possibility of leaving the UK, especially if the Home Office initiates removal proceedings​​.

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          The Inadmissibility Rules

          The Inadmissibility Rules refer to regulations used by immigration authorities to determine whether an individual is eligible to enter or remain in a country. These rules can vary significantly depending on the country and the specific immigration policies in place.

          Explanation

          Common grounds for inadmissibility might include:

          • Security concerns.
          • Criminal history.
          • Health-related issues.
          • Previous immigration violations.
          • Probability of becoming a public charge.
          • Other factors deemed important by the immigration authorities.

          For example, the US Immigration and Nationality Act Section 212(a)(4) focuses on public charge grounds, assessing if an individual is likely at any time to become primarily dependent on the government for subsistence​​.

          Impact and Compliance for Successful Claims

          • Failure to meet the inadmissibility criteria can lead to the rejection of visa applications, asylum claims, or other immigration benefits.
          • Applicants must provide accurate and complete information relevant to the inadmissibility criteria. This might include criminal records, health records, financial statements, and other documents as required by the specific rules.

          Who Can Make a Fresh Claim?

          Anyone who has had an asylum or human rights claim refused, withdrawn, or treated as withdrawn and has exhausted all appeal rights can make a fresh claim. This process is available for individuals who believe they have new and significant evidence or changes in circumstances that could affect the decision on their previous claim.

          Eligibility and Exceptions

          • You must have no further rights to appeal against the refusal of your previous claim.
          • The basis of a fresh claim is typically new evidence or changes in your situation or country conditions that were not considered in your previous claim.

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            The legal test, often applied in various legal contexts, including immigration law for fresh claims, determines the legitimacy, relevance, and impact of new evidence or information presented in a case.

            Legal Test Details

            • The evidence must be new, meaning it wasn’t previously considered. It should also be relevant to the case.
            • The new information must significantly differ from what was earlier considered. This might include changes in personal circumstances, events, or legal developments.
            • Combined with previously known evidence, the evidence must create a realistic prospect of success in the claim or case.

            Meeting the Legal Test

            • Provide comprehensive and credible documentation that substantiates the new evidence or changes in circumstances.
            • The evidence must meet the legal threshold of significance and relevance. Assumptions or minor updates are insufficient.

            Evidence Not Previously Considered

            Evidence not previously considered in a legal context, such as in the case of fresh claims for asylum or immigration, refers to new information or data brought forward after the initial decision-making process. This evidence is critical as it can potentially alter the outcome of a case.

            Types and Significance

            • Changes in personal circumstances or in the situation of the claimant’s home country that affect their claim.
            • New documents or reports, including country reports, medical records, or expert testimony, that were not available or were overlooked in the initial evaluation.
            • Changes in laws, policies, or new legal interpretations impact the claimant’s case.
            • New witness statements that corroborate or clarify the claimant’s story.

            Gathering and Inclusion

            • Collecting new evidence involves thorough research to find relevant information not part of the original claim.
            • Ensuring all new evidence is properly documented, authenticated, and presented in a format acceptable to the court or decision-making body.
            • Submitting new evidence as soon as it becomes available, following the correct procedures for inclusion in the ongoing case.

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              Taken With Previously Considered Evidence

              Integrating new and old evidence in a legal context, such as revising a claim or building a case, is about creating a logical and convincing argument that considers all relevant information. This process is crucial for presenting a comprehensive and persuasive case to a decision-making body.

              Integration of New and Old Evidence

              Merging new findings with previously considered evidence requires careful analysis to understand their relationship. It’s crucial to organise all evidence logically, highlighting the timeline and relevance. The credibility of both old and new evidence must be assessed to ensure accuracy. Notably, significant changes brought about by new evidence in understanding the case should be clearly articulated.

              Building a Cohesive Argument

              Integrating old and new evidence is key to strengthening a case, where new findings fill gaps or add context to existing information. Addressing any contradictions with reasoned arguments is essential. The combined evidence should cohesively reinforce the main thesis, ensuring clarity and a logical presentation for easy comprehension by decision-makers.

              Realistic Prospect Of Success

              The “realistic prospect of success” is a critical assessment criterion in legal and administrative proceedings, particularly in asylum claims. It involves a thorough evaluation of whether the new evidence or arguments presented significantly enhance the likelihood of a positive outcome. This assessment takes into account the robustness of the evidence, its relevance to the claim, and its alignment with legal criteria. In order for the claim or appeal to have a realistic chance of success, it must be demonstrated that it stands on substantial grounds, supported by credible, persuasive evidence, which increases the chances of success.

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                What Evidence Do You Need To Submit?

                When submitting a fresh asylum claim, the types of evidence required are specific and tailored to the context of the claim. This evidence must be new and relevant to the case, ensuring it was not considered in the previous decision.

                Required Evidence Types

                This includes any new information or changes in circumstances since the last decision. It could be related to personal circumstances or changes in the claimant’s home country.

                Relevant documents that substantiate the new facts or evidence. These could include updated country reports, new witness statements, medical reports, or other documents that support the claim.

                Gathering and Organising

                • Ensure all new evidence and documents are collected comprehensively.
                • Each piece of evidence should directly support the fresh claim.
                • Organise evidence in a logical sequence, preferably sequential, to show the development of events or changes in circumstances.
                • Ensure all documents are clear and easy to read. If necessary, provide translations of non-English documents.
                • Create an index of the submitted documents for easy reference during review.

                Effective legal representation is crucial for the success of fresh asylum claims. London Immigration lawyers guide through complex procedures and ensure compliant, compelling submissions.

                For expert assistance, contact London Immigration Lawyers at 0204 502 8582. Our specialised knowledge can significantly enhance the prospects of your asylum claim.

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