Immigration Rules part 12: Procedure and rights of appeal

Procedure and rights of appeal

Fresh Claims

  1. 353. When a human rights or protection claim has been refused or withdrawn or treated as withdrawn under paragraph 333C of these Rules and any appeal relating to that claim is no longer pending, the decision maker will consider any further submissions and,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:
    1. (i) had not already been considered; and
    2. (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.
  2. 353A. Consideration of further submissions shall be subject to the procedures set out in these Rules. An applicant who has made further submissions shall not be removed before the Secretary of State has considered the submissions under paragraph 353 or otherwise.

Validity Further Submissions

353AA. A person making further submissions must attend an in-person appointment at a Service and Support Centre (SSC).

  1. 353AB. At the date of making further submissions, the person must meet all of the following requirements:
    1. (a) the person must be in the UK;
    2. (b) the person must be a failed asylum seeker meaning that their initial asylum claim has been refused or withdrawn, including where it has been treated as withdrawn under paragraph 33C of the Rules; and
    3. (c) the person must have no outstanding asylum or protection claim or, appeal before the Secretary of State, First tier Tribunal, Upper tier Tribunal or before any court on protection or human rights grounds

353AC. Where a person fails to meet the validity requirements the further submissions may be rejected as invalid and not considered.

Explicit withdrawal of Further Submissions

  1. 353AD. Further submissions will be treated as explicitly withdrawn where the person:
    1. (a) signs the relevant withdrawal form provided by, or on behalf of the Secretary of State; or
    2. (b) otherwise explicitly declares a desire to withdraw their further submissions.

Implicit withdrawal of Further Submissions

  1. 353AE. Further submissions may be treated as implicitly withdrawn if the person:
    1. (a) fails to maintain contact with the Home Office or provide up to date contact details or;
    2. (b) leaves the United Kingdom at any time before the conclusion of their further submissions decision; or
    3. (c) fails to attend any reporting events, unless the applicant demonstrates within reasonable time that the failure was due to circumstances beyond their control; or
    4. (d) fails to attend a personal interview for the purpose of assessing their submissions, unless the person demonstrates within reasonable time that the failure was due to circumstances beyond their control; or
    5. (e) fails to respond to requests for information in the relevant time period as requested unless the person demonstrates within reasonable time that the failure was due to circumstances beyond their control.

353AF.1 For the purposes of paragraph 353AE (a), a person will be considered to have failed to provide up to date contact details if they have not notified the Secretary of State of their current address and of any change to their address or residential status. If not notified beforehand, any change must be notified to the Secretary of State without delay after it occurs.

Exceptional Circumstances

  1. 353B. Where further submissions have been made and the decision maker has established whether or not they amount to a fresh claim under paragraph 353 of these Rules, or in cases with no outstanding further submissions whose appeal rights have been exhausted and which are subject to a review, the decision maker will also have regard to the migrant’s:
    1. (i) character, conduct and associations including any criminal record and the nature of any offence of which the migrant concerned has been convicted;
    2. (ii) compliance with any conditions attached to any previous grant of leave to enter or remain and compliance with any conditions of temporary admission or immigration bail where applicable;
    3. (iii) length of time spent in the United Kingdom spent for reasons beyond the migrant’s control after the human rights or asylum claim has been submitted or refused;
  2. in deciding whether there are exceptional circumstances which mean that removal from the United Kingdom is no longer appropriate.
  3. This paragraph does not apply to submissions made overseas.
  4. This paragraph does not apply where the person is liable to deportation.