Ergen and Sharif recently reported changes affecting fresh asylum claims and further submissions. These changes were introduced on 14^th October 2009 and are explained below.

Meaning of further submissions & requirements

Applicants who may wish to make further submissions are those who have had an initial asylum or human rights claim refused or withdrawn.  The further submissions can also be known as ‘fresh claims’.

The Immigration Rules particularly paragraph 353, deal with the provisions of submitting further representations. It provides that:

“When a human rights or asylum claim has been refused or asylum claim has been refused or withdrawn or treated as withdrawn under paragraph 333C of these Rules and any appeal relating to that claim is no longer pending, the decision maker will consider any further submissions and, if rejected, will then determine whether they amount to a fresh claim. The submissions will amount to a fresh claim if they are significantly different from the material that has previously been considered. The submissions will only be significantly different if the content:

(i)             Has not already been considered; and

(ii)            Taken together with the previously considered material, created a realistic prospect of success, notwithstanding its rejection.”

The Home Office will consider whether the new material provided in the further submissions taken together with the old material, will warrant a grant of leave or whether the submissions do in fact amount to a fresh claim.

The Home Office apply a two stage process to considering these applications. Namely, they will consider

·         Whether to grant leave

·         Whether the submissions amount to a fresh claim

If the Home Office decide not to grant leave, they will have to decide whether the submissions are in fact, a fresh claim in accordance with the Immigration Rules as above. If the submissions are accepted to be a fresh claim, then the applicant may have a right of appeal against the decision. Examples of where submissions may not be accepted as a fresh claim are:

·         Where the applicant submits evidence which has already been considered

·         Where the applicant submits general objective information about the country situation with no evidence of specific targeting to him/herself

·         Where the evidence is not genuine/forged documents for instance

·         Where the new evidence does not add any weight to the applicants claim

It is therefore important that the new evidence and submissions are strong in order to be accepted as a fresh claim and to warrant a right of appeal. The Home Office will also assess the applicants credibility in their previous asylum and human rights claims.

In some cases, the Home Office will invite applicants to an interview for instance, where they are uncertain as to whether or not to grant leave.

Applicants who have been invited to an interview are strongly urged to seek legal advice before attending.

Cases being managed by the Case Resolution Directorate

As of 14^th October 2009, applicants whose cases are being dealt with by the case resolution directorate (CRD) will be required to submit any further evidence/documents at the Liverpool Further Submissions Unit (FSU). Applicants are required to make an appointment beforehand. Applicants who have already submitted further submissions but who need to submit more documents will also need to book an appointment to submit these documents.

Exceptional cases

Where applicants are unable to travel due to a disability, severe illness rendering them physically unable to travel or where they are in detention or imprison, they may submit further representations by post.

How we can help?

At Ergen & Sharif, our lawyers have extensive experience in dealing with fresh asylum and human rights claims. We can offer the following services:

·         Advice as to the procedure for making further submissions particularly in light of the new procedures in place

·         Advice as to whether the applicants case meets the relevant criteria

·         Advice as to the type of evidence/documents required

·         Advice as to chances of success in light of the individual circumstances of the applicant

·         If invited to an interview, advice as to the procedure and where requested, attendance at the interview

·         If refused, advise as to any rights of appeal and further legal action to be taken

For further information, please contact us on 0207 569 3035 or alternatively at info@ergensharif.co.uk