Asylum & Humanitarian Protection
A fresh asylum claim is a way to put new evidence to the Home Office after your earlier asylum claim has been refused and your appeal rights are exhausted. Known formally as further submissions under paragraph 353 of the Immigration Rules, it asks the Home Office to look again at whether you need protection, based on material it has not seen before. The new evidence must be genuinely new and must create a realistic prospect of success before an immigration judge. If your situation has changed, or important evidence was missed, this can be a second chance at safety. We assess your case honestly, prepare your submissions carefully and check whether you qualify for Legal Aid.
At a glance
The legal route
Further submissions under paragraph 353 of the Immigration Rules, made after refusal and appeal rights are exhausted.
Made from inside the UK
Paragraph 353 applies only to submissions made in the UK, not to claims made from overseas.
The test
Your evidence must be genuinely new and create a realistic prospect of success before a judge.
Legal Aid available
Fresh asylum claims are covered by Legal Aid if you qualify. We hold a Legal Aid contract for asylum work.
A fresh asylum claim, known formally as further submissions, is new evidence put to the Home Office under paragraph 353 of the Immigration Rules after your asylum claim has been refused and your appeals are over. The Home Office decides whether the evidence is genuinely new and creates a realistic prospect of success before an immigration judge.
The route exists because circumstances change. New evidence can come to light, a previous lawyer may have missed something, or the situation in your country may have worsened. A fresh claim allows the Home Office to look again, rather than treating the earlier decision as the final word, in line with the United Kingdom's obligations under the Refugee Convention.
It applies after refusal of a protection or human rights claim, which covers both asylum and humanitarian protection. The Home Office first considers whether you should now be granted leave. If not, it then decides whether your submissions amount to a fresh claim under paragraph 353. That second decision matters, because it determines whether a refusal carries a right of appeal.
You may be able to make a fresh asylum claim if your earlier claim has been finally refused but your circumstances or your evidence have changed. The situations below are common.
The Home Office applies a two-part test from paragraph 353 of the Immigration Rules. Submissions become a fresh claim only if both parts are met. The courts have confirmed that the realistic prospect of success is not a high test, but the evidence must be genuinely new and material to your case.
The evidence must be genuinely new
The content must not already have been considered by the Home Office or by a judge at your appeal. Repeating points that have already been decided will not create a fresh claim.
A realistic prospect of success
Taken together with your earlier case, the new evidence must give you a realistic prospect of success before an immigration judge. The courts have described this as not a very high test, but it must be more than a bare assertion.
It must address why you were refused
Most refusals turn on credibility or gaps in the evidence. Strong submissions answer those specific findings with objective evidence, such as documents or expert reports, not only a new witness statement.
You must be in the UK with no claim outstanding
Paragraph 353 applies to submissions made inside the UK, after refusal, where appeal rights are exhausted and no other claim is pending. It does not apply to claims made from abroad.
Some cases are barred
If your earlier claim was treated as inadmissible, for example because of a connection to a safe third country, the paragraph 353 route may not be open to you. We check this at the outset.
Since 8 April 2026, further submissions usually have to be made at an in-person appointment at a Service and Support Centre, and must meet new validity requirements before the Home Office looks at the evidence. If your submissions are rejected as not a fresh claim, there is usually no right of appeal, and the only remedy is a judicial review, so the evidence and the way it is presented really matter. The points here are a general guide, correct as at June 2026, and are not legal advice on your case.
We review your refusal, your appeal decisions and your new evidence, and tell you frankly whether it is likely to meet the paragraph 353 test. We will not encourage submissions that have no realistic prospect of success.
We work with you to gather and present new evidence that answers the reasons you were refused. Where it helps your case, this can include up-to-date country information, medical reports or a country expert report.
We prepare a detailed submissions letter that sets out what is new, why it is significant, and why, taken with your earlier case, it gives a realistic prospect of success before a judge.
We help you make your submissions correctly, including the in-person appointment and validity requirements that now apply. If they are accepted but protection is refused, we advise on the new right of appeal. If they are rejected, we advise on a judicial review.
Fresh asylum claims and further submissions are within the scope of Legal Aid in England and Wales, and we hold a Legal Aid contract for asylum work. Whether you qualify depends on a financial assessment of your means and an assessment of the merits of your submissions. We check your eligibility for Legal Aid when you first contact us. Where Legal Aid is not available to you, we explain clearly and in writing what any private fee would be before any work begins. There is no charge to find out where you stand.
A fresh asylum claim, known formally as further submissions, is new evidence put to the Home Office under paragraph 353 of the Immigration Rules after your asylum claim has been refused and your appeals are over. If the evidence is genuinely new and gives a realistic prospect of success, it is treated as a fresh claim.
You can make further submissions once your earlier protection or human rights claim has been refused and your appeal rights are exhausted, and you are in the UK. Paragraph 353 does not apply to claims made from overseas. There is no fixed time limit, but the evidence you rely on must be genuinely new.
Paragraph 353 has two parts. The new material must not already have been considered, and, taken together with your earlier case, it must create a realistic prospect of success before an immigration judge. The courts have said this is not a high test, but it must be more than repeating points already decided.
Genuinely new evidence that answers why you were refused is the most useful. This can include up-to-date country information, a country expert report, medical evidence such as a report on injuries or trauma, new documents, or evidence of a new risk that has arisen since your case was decided.
Yes. Fresh asylum claims and further submissions are within the scope of Legal Aid in England and Wales, and we hold a Legal Aid contract for asylum work. Whether you qualify depends on your financial circumstances and the merits of your submissions. We assess your eligibility when you first contact us, at no charge to you.
If the Home Office accepts your submissions as a fresh claim but refuses protection, you usually have a new right of appeal to the First-tier Tribunal. If it decides your submissions are not a fresh claim at all, there is usually no right of appeal, and the only remedy is a judicial review of that decision.
You should not be removed before the Home Office has considered your further submissions under paragraph 353. However, your situation can be urgent, especially if you are detained or have removal directions. If that applies to you, contact us straight away so that we can act quickly.
Last updated: June 2026.
