This is the third and final post in our series on asylum and human rights fresh claims. The first post in the series looked at what a fresh claim is and on what basis one might be made. The second post gave guidance on preparing your own fresh claim. This final post will look at the process for submitting further submissions to be considered as a fresh claim.
You might submit evidence to be considered as a fresh claim after you are “appeal rights exhausted”. Further submissions/evidence can be given to the Home Office at any point after an asylum claim or human rights application is refused, but a fresh claim can only be made when appeal rights are exhausted.
You or your lawyer give the Home Office the further submissions (new evidence/documentation) and the Home Office decides if it’s a fresh claim, using the legal test explained in the first post in this series.
Although the evidence you submit is not technically a ‘fresh claim’ unless the Home Office says it is, people tend to use the term more widely than this. For example, gathering evidence to be submitted to be considered as a fresh claim is more easily phrased ‘preparing a fresh claim’.
In January 2015, the Home Office announced that anyone wishing to submit further submissions will be required to make an appointment to do so, in person, at the Further Submissions Unit (FSU) in Liverpool.
To make an appointment, you need to telephone the Further Submissions Unit on 0151 213 2411. The Home Office states that it will aim to make appointments within 10 working days of the initial telephone contact.
Your further submissions/fresh claim appointment will be held at the Further Submissions Unit, The Capital Building, 6 Union Street, Liverpool L3 9AF. Do not turn up without making an appointment by telephone first.
The Home Office’s internal guidance on further submissions states that you should take the following with you to your appointment:
- a completed Further Submissions form detailing the additional information you would like the Home Office to consider [remember, you do not need to use the specified form]
- supporting documents, including, where available, any Reasons For Refusal Letters (RFRLs) or appeal determinations
- your application Registration Card (ARC) if still in possession of this
- passport (yours and your dependents’, if they aren’t already with the Home Office)
- 4 unseparated passport sized photographs (of you and any dependents)
- evidence of accommodation (if not asylum accommodation)
There have been incidents of people being detained when they go to submit their further submissions. It is not yet known how common this is, or if this is part of a deliberate Home Office strategy. In some of these cases, the person has been held at the Further Submissions Unit while their further submissions were looked at and rejected, and then they have been taken to a detention centre.
Exceptions to submitting in person
There are exceptions to having to submit your fresh claim in person:
- inability to travel. If you have a “disability or severe illness and are physically unable to travel” you need to contact the Further Submission Unit and discuss submitting by post. You will need to provide medical evidence that “clearly indicates a disability or severe illness that results in [you] being physically unable to travel to Liverpool”.
- Ongoing judicial review. If you have an ongoing judicial review challenging a removal or enforcement decision, or if you have been granted permission to proceed with a judicial review, you can submit by post.
- If you are detained you need to ask your Home Office caseworker how you can submit further submissions (or ask your lawyer to do this for you, if you have one).
- If you are serving a criminal sentence in prison. In this situation, you submit further submissions by post or fax to the Criminal Casework team.
- If you are in the Family Returns Process you may be able to submit your submissions at your usual reporting event. You need to discuss this with your Home Office caseworker.
- If your submissions are based only on Article 8 family/private life (and not a protection claim), you can submit by post. See guidance notes here on how/where to apply. Read the Right to Remain Toolkit section on Article 8 for more information on these applications.
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