If an applicant is refused an asylum or humanitarian protection claim under the Refugee Convention or Article 3 of ECHR or refusal of a UK Human Rights application, the applicants can make further submissions.
In protection claims such further submissions/fresh claim should be made in person by booking an appointment with the further submission unit – Liverpool – Home Office (Tel – 01512132411), however, if the person is unable to travel to Liverpool, permission must be obtained from a senior Home Office casework to submit further submissions by post. Children under 18 can make further submissions by post.
If a person is detained, further submissions can be made to the home office at the detention centre enforcement staff or the National Removal Command by email or fax.
If a person is serving a custodial sentence due to a criminal case, further
submissions should be submitted to the Criminal Casework section by post or fax.
In Human Rights cases further submissions can be submitted by way of applying unless paragraph 276 A0 or GEN1.9 of Appendix FM.
Further submissions can also be submitted in response to Section 120 of the NIAA 2002, without making an application. These are considered similar and are submitted without making a paid application.
All further submissions are subject to scrutiny under paragraph 353 of the
Immigration Rules, which provides powers to the Home Office to refuse further submissions if they are a repeat claim or material which has been previously considered.
Generally, the best way to raise further submissions is not to mention the grounds submitted to the Home Office previously, as the grounds submitted previously will always be considered by the Home Office. The further submissions must be significantly different to be a fresh claim. If the submissions are not a fresh claim these will be simply rejected.
If a claim is not a fresh claim these will be certified as unfounded claims under section 94 of the 2002 Act and there will be no right of appeal granted. If you are looking for UK Immigration Advice and making further submissions contact Visa and Migration on +44 (0)2034111261