Updated Guidance on Further Submissions for Protection Claims
Summary
The UK Home Office (UKVI) has issued new guidance for caseworkers on how to handle "further submissions" in human rights or protection-based claims. This update clarifies the specific threshold and criteria under which additional evidence, submitted after an initial refusal, can be considered a "fresh claim" under current immigration rules. For immigrants, this means a more stringent and clearly defined process for re-opening a case, emphasizing the need for genuinely new and substantial evidence to meet the updated requirements.
The new UKVI guidance provides detailed instructions to caseworkers on assessing whether "further submissions" by an applicant should be treated as a "fresh claim" for human rights or protection. It clarifies that for submissions to be considered a fresh claim, they must present genuinely new material that has not been previously considered, and this material, when taken together with previously considered material, must have a realistic prospect of success before an immigration tribunal or court. The guidance outlines that caseworkers must consider whether the new information adds substantially to the applicant's case, rather than merely re-stating previous arguments or evidence.
Practically, this updated guidance means applicants and their legal representatives must meet a higher evidential bar when making subsequent submissions after an initial refusal. The emphasis is now firmly on providing truly new and relevant evidence that significantly alters the merits of the case, demonstrating a clear prospect of success if heard in court. Immigrants seeking to re-open a previously refused human rights or protection claim must understand that merely providing additional supporting documents or re-framing old arguments will likely be insufficient, necessitating robust preparation and truly novel information.
Background
Historically, applicants could submit further evidence after a refusal, but the criteria for such submissions to be treated as a "fresh claim" were sometimes subject to interpretation, leading to inconsistencies. This new guidance aims to provide clearer, more consistent guidelines for caseworkers in this area.
Who This Affects
- Individuals who have previously had a human rights or protection claim refused will find it more challenging to have new submissions considered as a fresh claim due to the clarified higher threshold.
- Applicants currently preparing further submissions must ensure their new evidence unequivocally meets the updated criteria for genuine novelty and prospect of success.
- Legal representatives assisting clients with repeated claims will need to meticulously prepare and present genuinely new and material evidence to satisfy the stricter requirements.
What You Should Do Now
- Seek immediate expert legal advice to assess if your new evidence genuinely meets the updated "fresh claim" criteria set by the UKVI guidance.
- Thoroughly gather and present all new, material evidence to your legal representative to ensure it is robustly prepared and demonstrates a realistic prospect of success.
- Understand that the burden of proof is on the applicant to demonstrate the new submission has a realistic prospect of success if considered by a court or tribunal.
Source: Read official article on UKVI (Official)
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