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A fresh claim arises when a person submits new evidence after a refused asylum or
human rights claim, asking the UK Home Office to reconsider the case. In
immigration law, these applications are formally known as further submissions. If the Home Office decides that the new material creates a realistic prospect of
success before an immigration judge, the submissions are recognised as a fresh
claim.
Fresh claims are governed by paragraph 353 of the Immigration Rules.
If the Home Office accepts that the submissions amount to a fresh claim, the
applicant normally receives a new right of appeal to the First-tier Tribunal
(Immigration and Asylum Chamber).
To qualify under paragraph 353, the new submissions must meet two legal
requirements:
If these conditions are not met, the Home Office may refuse the further submissions without granting a new right of appeal.
Fresh claims rely on new information or changed circumstances that were not
previously assessed.
The strength and credibility of this new evidence often determines whether the
claim is accepted as a fresh claim.
The process of making further submissions generally involves several stages.
The applicant prepares detailed legal submissions explaining:
Supporting documents are submitted together with the legal representations.
The applicant attends an appointment at a Service and Support Centre, where the
further submissions are formally lodged with the Home Office.
Recent amendments to the Immigration Rules introduced new validity
requirements for further submissions. Under paragraph 353AA, individuals making
further submissions must attend an in-person appointment at a Service and Support
Centre (SSC). Submissions that do not meet the validity requirements set out in
paragraphs 353AAβ353AB may be rejected as invalid.
The UK Home Office assesses whether the submissions meet the test under
paragraph 353 of the Immigration Rules. The Home Office must determine
whether the new evidence creates a realistic prospect that a tribunal judge would
allow the claim.
If the submissions are accepted as a fresh claim, the applicant normally receives a
new right of appeal to the tribunal.
If the Home Office accepts that the submissions amount to a fresh claim, the case
proceeds as a new protection or human rights claim.
The tribunal will then examine the case independently.
If the Home Office decides that the submissions do not amount to a fresh claim,
there is normally no right of appeal. In such situations, the decision may potentially
be challenged through judicial review, depending on the circumstances.
Processing times vary significantly depending on the complexity of the case and
the Home Office workload.
Many further submissions decisions take several months, although complex cases
may take longer.
During this period, the Home Office reviews the evidence and determines whether
the submissions meet the paragraph 353 test.
Fresh claims require careful legal preparation and strong supporting evidence.
Our goal is to ensure that every fresh claim is supported by clear legal arguments
and compelling evidence.
If your asylum or human rights claim has been refused and new evidence has
emerged, our immigration advisers can assess whether your case may qualify as a
fresh claim under paragraph 353.
Have questions or need more information? Our team is here to help.
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