Further submissions (Fresh claims)

In October 2009, the UK Border Agency introduced a new policy to require asylum-seekers making further submissions (including fresh asylum claims) to make these in person – previously, these could be sent by post.  For legacy cases ( ie those who claimed asylum before April 2007), an appointment must be made in Liverpool.  This has caused much disruption and confusion.

Many people believe that going to Liverpool is a way to get your legacy case resolved more quickly.  This is not correct.

Some people have made appointments – even though they have no further submissions to make – simply because they hope that this may get them to the front of the queue, and hope they may be given ILR.

The only people whose claims may be prioritised by this process are those who have made or are making a claim for section 4 support[1] on the strength of their further submissions.  These cases are prioritised so that the UK Border Agency can aim to make a decision on the case before considering the section 4 claim – thus avoiding providing support.

Problems with this process include:

  • some people cannot get through on the telephone to make an appointment (there are limited appointments, and limited opening times for the telephone line – which is often engaged)
  • some people cannot afford to travel to Liverpool (the UK Border Agency will not fund this travel)

However, if someone does not submit his or her fresh claim, he or she may be at greater risk of detention or removal.

There are legal challenges to this policy before the High Court.  It is expected that these will be heard later in the year.

(Source: ZA Summary of notes accompanying a workshop given by Steve Symonds, ILPA Legal Officer, on 5 June 2010 at the Churches’ Refugee Network annual conference)

Further Submission – A Definition:

A further submission refers to a situation where an applicant has had an initial asylum and/or human rights claim refused, or has withdrawn such a claim, or had such a claim treated as withdrawn under paragraph 333C of the Immigration Rules, and has exhausted all appeal rights in relation to that claim. Following this, the applicant provided additional information which may or may not be different from the information provided previously. It does not refer to individuals included on initial claims as dependants who subsequently claim asylum and/or human rights in their own right. The tool for handling further submissions is Paragraph 353 of the Immigration Rules.

Paragraph 353 of the Immigration Rules sets out how to deal with further submissions. It states:

“When a human rights 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.

This paragraph does not apply to claims made overseas.”

[1] Housing and financial support (vouchers or pre-payment cards) provided under section 4, Immigration and Asylum Act 1999