Fresh claim — new evidence after refusal
If your asylum claim was refused and your appeals are exhausted (ARE — Appeal Rights Exhausted), you can submit new evidence. People call this a fresh claim. The Home Office, in letters and on gov.uk, calls it a further submission under paragraph 353. They mean the same thing. According to the 2025 UNHCR audit, 53% of decisions in 2022 resulted in a grant of leave; another 22% gave a right of appeal. This page explains the law and the procedure — it is not legal advice on your case.
📞 Book your appointment — Further Submissions Unit 0300 123 7377 Mon–Fri, 9am–4pm · you can only submit in person, by appointmentHow to submit: in short
You can only submit in person, by appointment. Call first — then attend.
- 1 Call and book — Further Submissions Unit:
📞 0300 123 7377
Mon–Fri, 9am–4pm. It can be hard to get through — call in the morning and keep trying. - 2 Fill in the form beforehand — the further submissions form on gov.uk. Bring it with you, already completed.
- 3 Travel to the centre you're booked into — you can only submit in person in four cities: Liverpool, Belfast, Cardiff, Glasgow. Which one you go to is confirmed when you book. You pay for your own travel.
- 4 Bring everything with you — the completed form, all your new evidence, and your documents: passport (if you have one), IS96 or Bail 201 with a photo, your previous status document, your ARC card.
The decision is made on what you hand in that day — you cannot send more evidence later. - ! Always take the receipt — this is your proof that you've submitted. From that moment, Para 353A protection from removal applies. Don't leave without it.
Can't travel in person? You can only post your submission with permission from the Home Office, and only if you: cannot travel because of a disability or illness; are in detention or prison; are an unaccompanied minor. Ask for permission in advance at CSUEC@homeoffice.gov.uk. Without permission, anything posted or emailed is returned without being considered.
The cover letter and choosing the right evidence are the most technical part, and the result depends on them. This is usually done together with a lawyer — where to find a free one. What exactly to prepare — see the sections below.
What is a Further Submission
A Further Submission (often called a Fresh Claim) is the formal route for putting new evidence to the Home Office after your asylum appeals are exhausted. It lives in Paragraph 353 of the Immigration Rules.
The Home Office runs your new material through a two-part test:
- Novelty — the content must not have been considered before by the Home Office or the First-tier Tribunal.
- Materiality — taken together with the previously considered material (including earlier credibility findings), the new evidence must create a realistic prospect of success at appeal.
If your submissions pass the test, they are treated as a fresh claim. If the Home Office then refuses status, you get a new right of appeal at the First-tier Tribunal (unless certified — see Risks below). If the submissions fail the test, they are rejected outright; the only remaining remedy is Judicial Review.
When this route applies — and when it doesn't
- You are Appeal Rights Exhausted (ARE) — your asylum claim was refused and you have lost or used up all appeals at First-tier and Upper Tribunals
- You are physically in the UK
- You have no other outstanding immigration claim
- You have genuinely new material — evidence or arguments the Home Office and tribunal have not previously considered
- Your case was declared inadmissible (e.g. you passed through a "safe third country") — inadmissibility decisions block the Para 353 route entirely
- You haven't yet exhausted appeals — use the appeals process first
- You have no new material — repeat submissions of the same evidence are likely to be rejected as abusive
- You are outside the UK
Para 353 vs. appeal vs. Judicial Review vs. voluntary return
| Route | When | Forum |
|---|---|---|
| Appeal | After a refusal, before ARE | First-tier / Upper Tribunal |
| Further Submission (Para 353) | After ARE, with new evidence | Home Office (Liverpool FSU) |
| Judicial Review | After Para 353 rejection | Upper Tribunal / High Court |
| Voluntary Return | Any time — abandoning the claim | Home Office VRS |
The Devaseelan principle — why "trying again" rarely works
Named after the tribunal case Devaseelan v SSHD, this principle is the single biggest obstacle in Further Submissions. It says: the factual findings of the judge who dismissed your original appeal are the starting point for any later assessment. They do not get reset.
The practical effect: if the original judge found your account "not credible", that finding stays — unless your new evidence is strong enough that the original judge, seeing it, would have decided the case differently. Subjective re-arguments of old facts will not work. New objective evidence that does not depend on your testimony alone is what shifts the picture.
The practical effect: while Devaseelan preserves judicial finality, decision-makers cannot use historical credibility deficits to bypass the evaluation of independent new evidence — particularly corroborating witnesses in sur place claims. The earlier Djebbar v SSHD ruling that Devaseelan requires "sensible flexibility" continues to apply.
Whether and how this case applies to any individual situation is something only a regulated adviser can assess on the facts of that case.
For people who have survived torture, violence or prolonged fear, fragmented memory, inconsistencies in dates, and difficulty with detailed recall are clinically recognised consequences of PTSD and dissociation. This can be explained to a judge via a Medico-Legal Report from Helen Bamber Foundation or Freedom from Torture. These Istanbul Protocol-compliant reports regularly persuade tribunals to revisit earlier credibility findings.
Shame and self-blame after a refusal are common reactions — they do not mean you did anything wrong. Preparing a Further Submission begins with regulated advice, not with trying to "redo everything alone".
What kinds of evidence are typically used
These are common categories that other refused asylum seekers have used successfully — not a checklist for your case. Whether any of them applies to you is something only a regulated adviser can assess.
The procedure — step by step
This is the general procedure as set out in the Immigration Rules (HC 1691) and Home Office guidance "Further submissions" v12.0 of 8 April 2026. It applies to most cases — but specific situations (detention, certified claims, urgent removal directions) follow different timelines. Submissions on human rights grounds (not protection) follow a different route — the appropriate application form, with no SSC visit; a fee waiver is available if you cannot pay. Get regulated help.
- 1Confirm eligibility — and submit a Subject Access Request (SAR)Check: are you ARE? In the UK? No outstanding claims? Has the Home Office issued an inadmissibility decision against you (this would block Para 353)? Have a regulated adviser confirm.
In parallel — submit a Subject Access Request to UKVI to obtain the internal file on your case (interview transcripts, decision-maker minutes). Statutory time limit is one month; in practice 3–6 months — submit early. Without the SAR material, prior Devaseelan credibility findings cannot be specifically rebutted. - 2Build the evidence bundleGather all new material — documents, MLRs, witness statements, COI, sur place evidence. Number the documents and produce an index. Quality matters more than quantity. If you need an MLR, allow 2–6 months: contact Helen Bamber or Freedom from Torture early.
- 3Draft the cover letterA legal cover letter explains, paragraph by paragraph, exactly how each piece of new material satisfies the two-part Para 353 test, and how the bundle as a whole creates a realistic prospect of success despite earlier negative findings. This is the most technical part — very hard to do well without a regulated adviser. Professional cover letters typically run 20–40 pages in complex credibility cases.
📐 Typical cover letter architecture (6 sections)
- Introduction and full immigration history — entry dates, prior FTT/UT decisions, appeal history, periods of detention or enforcement. Establishes procedural clarity.
- Legal framework — citing Para 353, acknowledging the two-part test, referencing key authorities (ZA Nigeria, Robinson, MR Pakistan).
- Devaseelan rebuttal — the most critical section: directly quoting the previous judge's negative credibility findings, then using new evidence (e.g. an MLR diagnosing PTSD or dissociation) to explain why the applicant appeared inconsistent or lacking detail.
- Presentation and indexing of new evidence — thematic grouping (objective country / sur place / medical), each cross-referenced to a tab number in the accompanying bundle.
- Application of the two-part test — limb 1 (novelty: why not submitted earlier) and limb 2 (realistic prospect of success before a hypothetical judge).
- Article 8 alternative — if protection is denied, an Article 8 argument (family / private life) or Para 353B (exceptional circumstances).
Source for the architecture: ILPA practice notes, ATLEU materials, Right to Remain Toolkit. These are not fill-in-the-blank templates — the structure is consistent but the content is unique to each case.
- 4Book a Service and Support Centre appointmentCall the Further Submissions Unit appointment line: 0300 123 7377 (Mon–Fri 9am–4pm). You can only submit in person in four cities: Liverpool, Belfast, Cardiff, Glasgow — which one you go to is confirmed when you book. You pay for your own travel.
In-person submission has existed since 2015, but from 8 April 2026 (HC 1691, Para 353AA–353AC) it became a validity requirement: if you don't attend in person without a permitted exception, your submission is returned as invalid and not considered. Before this the consequences were less strict.
FSU address for correspondence and for requesting permission to submit by post: Asylum Children and Secondary Casework Further Submissions Unit, Level 0 (Riverside), The Capital Building, Old Hall Street, Liverpool L3 9PP. - 5Attend the appointmentBring: the completed Further Submissions form, the cover letter, the evidence bundle, identity documents (passport, ARC, IS96, Bail 201). They will recapture biometrics (fingerprints, photo). Get a receipt — this is your legal proof that Para 353A removal protections are engaged.
Bring all your evidence to the appointment: the decision is made on the evidence available that day — do not count on sending material later. You are not required to bring dependants (including children), but their details should be provided on the day. - 6Wait for the decisionTypical processing: 12–18 months. Update the Home Office immediately if your address or reporting details change — under the new Para 353AE (April 2026), losing contact can trigger "implicit withdrawal" of your submission with no merits review. A withdrawal can be challenged within 60 days of the notice (see Risks below).
Postal submission — limited exceptions only
Ask the FSU for permission to submit by post in advance — by letter to the Liverpool address (see step 4) or to CSUEC@homeoffice.gov.uk. Gov.uk lists three grounds: you cannot travel because of a disability or illness; you are in detention or prison; you are an unaccompanied minor (former UASC over 18 must attend in person). Attach evidence of the ground that applies to you. Home Office internal guidance covers a few other situations decided case by case (for example, an ongoing Judicial Review — then material goes to the solicitor handling the JR, not the FSU): if your situation is unusual, discuss it with a regulated adviser. Material posted or emailed without permission is returned as invalid and not considered at all.
What can go wrong
🚨 Stop DIY and get regulated help if any of these apply to you
- You are detained or removal directions have been served
- Children are involved (Article 8 family-life arguments need specialist drafting)
- Your case involves torture, sexual violence or trauma needing an MLR
- You have had a previous Para 353 rejection certified under Section 94
- The Home Office has issued an inadmissibility decision
- You have already submitted Further Submissions before
Support while your submission is pending
You will see claims online and in older material that Section 4 was "abolished on 2 June 2026" and replaced by Section 95A. As of 26 July 2026 that is not true: Section 95A is written into Schedule 11 of the Immigration Act 2016, but it has never been brought into force — the legislation still marks it as "prospective". The government ran a consultation (5 March – 28 May 2026) on switching it on; no decision has been made.
What actually changed on 2 June 2026
- Support became a Home Office power, not a duty. Regulation 5 of the Reception Conditions Regulations 2005 was revoked — before, there was a direct duty to support people in need. Importantly, the state still cannot leave someone completely destitute — Article 3 of the European Convention on Human Rights forbids this (the Limbuela case). But getting support has become harder to secure.
- A new condition on Section 4: the recipient must not work if their immigration status bars them from working.
If you're refused support or your payments are stopped, you can challenge this, and free help exists: the Asylum Support Appeals Project (ASAP). For more on the types of support available, see our Asylum support page.
The standard subsistence rate in April 2026 is £49.18 per person per week (loaded onto an ASPEN pre-paid Visa card; cannot be withdrawn as cash). For people in fully catered initial accommodation (hotels, ex-military sites): £9.95 per week.
Other essentials
What the numbers say
Source: UNHCR audit of Further Submissions in the UK (January 2025) — covers all FSU decisions in 2022.
Roughly 3 out of 4 applicants either get status directly or win the right to appeal. Para 353 is a real safeguard — but only if the submission is properly prepared. Volume context: 5,917 submissions in 2022; 6,699 in 2023. Top nationalities (2023): Albania (19%), Iraq, Afghanistan, China, Pakistan.
Common misconceptions
Often seen on UK migrant Telegram channels and forums. Each one has caused real legal damage.
Where to get free, regulated help
Para 353 work is technical and the stakes are high. These organisations are free, regulated and frequently used by refused asylum seekers.
Detention Action: detentionaction.org.uk — emergency support, casework.
Medical Justice: medical advocacy in detention.
How to verify a regulated adviser
- Search the IAA public register (the Immigration Advice Authority replaced OISC in 2025)
- For solicitors: Find a Solicitor (Law Society)
- Para 353 cases need IAA Level 2 or Level 3 — Level 1 advisers are not authorised to handle complex asylum work
- If anyone offers immigration advice without being on a register, it's a criminal offence on their part. Walk away.
Glossary
- ARE — Appeal Rights Exhausted
- Status of someone whose asylum claim was refused and who has lost or used up all appeals at First-tier and Upper Tribunals.
- Paragraph 353 (and 353A)
- The clauses in the UK Immigration Rules setting out the test for fresh claims (353) and protection from removal during consideration (353A).
- Devaseelan principle
- Doctrine that the original tribunal judge's factual findings are the starting point for any later assessment of the same applicant.
- Sur place
- From French "on the spot". Asylum claim based on activities after arriving in the host country (e.g. activism, conversion, identity).
- MLR — Medico-Legal Report
- Forensic clinical report following the Istanbul Protocol, used to corroborate accounts of torture or trauma.
- Istanbul Protocol
- UN-endorsed manual (2022 edition) for documenting torture in legal proceedings.
- Section 94 certification
- Power for the Home Secretary to declare a claim "clearly unfounded" — strips the in-country appeal right.
- NSA — Non-Suspensive Appeal
- Appeal that does not suspend removal — applicant must leave the UK first.
- FSU — Further Submissions Unit
- Home Office department in Liverpool that processes Para 353 submissions.
- SSC — Service and Support Centre
- Home Office centres where further submissions are lodged in person, by appointment. The current list of centres with available slots is given when you call the FSU.
- CPIN — Country Policy and Information Note
- Home Office documents on country conditions; legal reps often need to counter or supplement them with external sources.
- Section 4 support
- Welfare for people refused asylum: £49.18 per person per week, plus housing. In force. Section 95A is a delayed replacement under the Immigration Act 2016, not yet brought into force.
- IAA — Immigration Advice Authority
- UK regulator for immigration advisers (replaced OISC in 2025). Only IAA-registered advisers and qualified solicitors can give immigration advice on individual cases.
Frequently asked questions
Frequently asked questions
What exactly is a Further Submission?
A formal way to put new evidence to the Home Office after all your asylum appeals are exhausted. It lives in Paragraph 353 of the UK Immigration Rules. The Home Office decides whether the new material amounts to a "fresh claim" — meaning it is significantly different from what was considered before and creates a realistic prospect of success at appeal.
Who is eligible to make one?
You must be Appeal Rights Exhausted (ARE), physically in the UK, with no other outstanding immigration claim. If your previous claim was found inadmissible (e.g. you passed through a "safe third country"), you are barred from using Para 353 — the inadmissibility decision blocks the route entirely.
How is this different from an appeal?
An appeal contests an active refusal at the First-tier or Upper Tribunal — it follows a refusal, within strict deadlines (usually 14 days). A Further Submission comes later: after appeal rights are exhausted, when you have new evidence the courts have not seen. They use different forms, different processes and different decision-makers.
How is this different from Judicial Review?
Judicial Review challenges the lawfulness of a Home Office decision (e.g. a Para 353 rejection itself), not the merits of the asylum case. JR has its own strict procedure, costs and deadlines. People often pursue JR after a Para 353 rejection, but it is procedurally distinct.
What does the "two-part test" mean?
Para 353 has two limbs: (1) the new content must not have been previously considered by the Home Office or tribunal; and (2) taken together with the old material, it must create a realistic prospect of success. The threshold is described in case law (WM (DRC) v SSHD) as "somewhat modest" — but in practice the bar is significant because of how negative credibility findings carry over.
What is the Devaseelan principle?
Named after the case Devaseelan v SSHD. It means the factual findings of the judge who dismissed your original appeal are the starting point for any later assessment. If the original judge found you "not credible", that finding sticks — unless your new evidence is strong enough that the original judge, seeing it, would have decided differently.
What kinds of new evidence qualify?
Common categories: (a) sur place activities — political activism, religious conversion or LGBT+ identity activities in the UK after refusal; (b) updated Country of Origin Information showing changed conditions; (c) Medico-Legal Reports following the Istanbul Protocol; (d) new witness statements from people unavailable earlier; (e) documents that were physically inaccessible at the time of appeal. Generic news articles about a country are necessary but not sufficient — you must show individualised risk to you personally.
How long does the Home Office take?
No statutory deadline. UNHCR audit data and FOI responses suggest 12–18 months on average; some cases take longer. The wider asylum backlog reached 80,000 pending appeals at end of 2025 (Migration Observatory).
Can I work while waiting?
From 26 March 2026, asylum seekers (including those with pending Further Submissions) who have waited 12+ months for a decision can apply for the right to work — but only in highly skilled roles at RQF Level 6 or above (mostly NHS and specialist tech). Working outside this scope risks immediate termination of housing and subsistence support.
What support am I entitled to?
Section 4 of the Immigration and Asylum Act 1999 — £49.18 per week per person, plus housing. Section 4 remains in force: a replacement under Section 95A has been discussed, but has not come into effect (as of 26 July 2026). You need to show destitution (no money and no housing) plus a qualifying reason — for example, that you have submitted further submissions and are waiting for a decision. Applications go through Migrant Help: 0808 8010 503. A refusal can be appealed free of charge through ASAP.
What are the chances my submission succeeds?
UNHCR audit data for 2022: 53% of FSU decisions resulted in a grant of leave; 22% were classified as fresh claims with a right of appeal; 25% were rejected outright. Roughly 75% of applicants either obtained status or won the right to challenge their refusal. This is a much higher success rate than the public perception of Para 353.
What does "Section 94 certification" mean?
If the Home Office accepts your submission as a fresh claim but refuses status, they may certify the claim as "clearly unfounded" under Section 94 of the Nationality, Immigration and Asylum Act 2002. This converts your appeal into a Non-Suspensive Appeal — you must leave the UK first and pursue the appeal from abroad. JR is then often the only practical remedy.
Get regulated help. Para 353 advice from an unregulated person is a criminal offence under section 84 of the Immigration and Asylum Act 1999. Free options exist: Legal Aid solicitors via our directory, Right to Remain, Asylum Aid, Migrant Help 0808 8010 503.
Last reviewed: 26 July 2026 — checked against gov.uk "Submit new evidence to support your asylum claim", Home Office guidance "Further submissions" v12.0 and "Withdrawing further submissions" (both 8 April 2026), HC 1691, the support changes from 2 June 2026, and UNHCR audit data (January 2025).