Making a Fresh Claim for Asylum or Human Rights Protection

If your asylum or human rights claim has been refused, and you have been through an unsuccessful appeal to the tribunal, you may be considering a fresh claim. This is difficult and time-consuming work, but Latitude Law’s experienced solicitors can guide you through the process and give you the best possible chance of achieving a possible outcome.

To speak to a lawyer about making a fresh claim, call us on 0161 234 6800 or complete our contact form and arrange an initial consultation.

How we can help

We will conduct a thorough review of your case so far by identifying what went wrong and what we can do to put things right. This might include:

  • Talking you about potential sources of new and relevant evidence, both in your own country and the UK
  • Identifying and working alongside recognised expert witnesses who can assess your account, documents and support your claim

The vast majority of fresh claims are rejected as invalid by UK Visas and Immigration (UKVI), which is why we will turn to the Judicial Review function of the Upper Tribunal. Our solicitors will put together a fresh claim with the Judicial Review in mind, doing our utmost to submit an application that we believe can be defended in the tribunal if it rejected by the Secretary of State.

Examples of new evidence for a fresh claim

Some of the scenarios that typically lead to a fresh claim needing to be made include:

  • You have received news that you are still a target of persecution
  • There has been a change in your country since you left
  • There is proof that the Home Office wrongly applied a policy
  • You can prove that the Home Office has used a policy or procedure that is now deemed unlawful
  • There is risk of discrimination because of your sexuality
  • You have converted to Christianity after positive interactions with groups providing support
  • You are a victim of trafficking

The Home Office will most likely not believe in your circumstantial changes, particularly if you did not disclose this information at the beginning of your original claim for asylum, which is why it is important to gather evidence to support your claim from the start.

This list is by no means exhaustive and our solicitors will be able to advise whether the evidence you have is new and relevant enough for a fresh claim. 

Preparing a fresh claim

Our team will help you to prepare a fresh claim and will write any accompanying arguments, but you may have to collect the evidence yourself. You should then read through all documents from your original asylum/human rights claim. Documents include:

  • The form filled out during your Home Office screening interview
  • The transcript from your interview for asylum
  • Witness statements and other evidence
  • The Reasons for Refusal letter from the Home Office
  • The first court refusal of your appeal and any other court decisions

If you are missing any of the above documents, your assigned solicitor will be able to liaise with the Home Office and make a subject access request on your behalf. You will then be expected to do the following:

  • Gather your new evidence
  • Write a letter explaining the further submissions of evidence, including what they are, how you obtained them and why they should be taken into account
  • Submit your evidence in person unless you have mitigating circumstances

Your solicitor will be with you every step of the way ensuring each process of making a fresh claim is carried out accurately.

Why choose us?

At Latitude Law, we handle all immigration cases in a professional manner and do our utmost to ensure the outcome is successful. We will keep you updated on all aspects of the case no matter how minor and will respond to questions and queries quickly and efficiently.

Contact Latitude Law

To speak to an experienced refugee and human rights solicitor, call us on 0161 234 6800 or complete our online contact form and we will get back to you at a more convenient time.