UK Fresh Asylum Claim: When and How to Apply

A fresh claim for asylum in the UK may be the last resort for those whose initial claim has been refused and appeal rights exhausted. Our asylum solicitors in Bolton explain what a fresh claim is and how to make one successfully.

What is a Fresh Claim?

Under paragraph 353 of the Immigration Rules, a fresh claim is a further submission made by a person whose asylum and human rights claims have been refused and whose appeal rights have been exhausted. For the submission to constitute a “fresh claim,” it must: (1) not have been considered before; and (2) together with previously considered material, create a realistic prospect of success before an immigration judge.

What Counts as New Evidence?

New evidence capable of supporting a fresh claim includes: updated country of origin information showing a deterioration in conditions, new expert medical or psychological reports, evidence of an applicant’s changed personal circumstances (e.g. a newly formed protected characteristic, a qualifying family relationship), country guidance developments, or evidence that was not reasonably available at the time of the original claim.

The ‘Realistic Prospect of Success’ Test

The Home Office applies an anxious scrutiny test when assessing fresh claims. It must consider whether, taken together with previously submitted material, the new submissions create a realistic prospect of success before an immigration judge. The threshold is low — a reasonable immigration judge could (not would) allow the claim.

Procedure

Fresh claims are submitted by letter to the Home Office’s Further Submissions Unit (FSU). You should submit all new evidence with a detailed covering letter and legal submissions. The Home Office will issue a decision — either accepting it as a fresh claim and reconsidering, or rejecting it as not meeting the threshold.

Judicial Review of Fresh Claim Rejections

If the Home Office refuses to treat a submission as a fresh claim, this decision can be challenged by judicial review. The court will assess whether the Home Office correctly applied the paragraph 353 test.