Updates, commentary and advice on immigration and asylum law
New citizenship deprivation course available now
Fresh claims

Fresh claims

This is becoming something of a hot topic, no doubt because of the number of Sri Lankan and Zimbabwean fresh claims that have been made recently because of changed circumstances in those two countries. The Court of Appeal has just issued a judgment on the interpretation of paragraph 353 of the immigration rules, and it is actually quite a helpful one: R (on the application of AK (Sri Lanka)) v SSHD [2009] EWCA Civ 447. I wish Lord Justice Laws had been as helpful to me when I was in the Court of Appeal last week, but as will shortly be public record, he most certainly was not.

The court holds (i) ‘further submissions’ under paragraph 353 just means representations, whether they be ‘short or long, reasoned or unreasoned, advanced on asylum or human rights grounds’, (ii) that no particular form is required to advance further submissions and they can be a different type of claim or merely be new facts to support a claim that has already been advanced and (iii) that the ultimate test is whether there is more than a ‘fanciful prospect of success.’

Free Movement

The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.

Not yet a member of Free Movement?

Sign up for as little as £20 plus VAT per month

Join Now

Benefits Include

  • Unlimited access to all articles
  • Access to our forums
  • E-books for free
  • Access to all online training materials
  • Downloadable training certificates
Shares