Asylum Fresh Claim UK: How to Submit a Further Submission
After a protection claim has been finally refused, paragraph 353 of the Immigration Rules governs what happens to new material. This guide sets out the test in that paragraph, where and how GOV.UK says further submissions must be made, and what the rules say about removal in the meantime.
- Section
- Asylum & Refugee
- Reading time
- 10 min
- Last checked
- 21 March 2026
- Source
- The published Immigration Rules and GOV.UK guidance, linked throughout this guide.
- Rowan does not
- Look at your own case, tell you which route to choose, or say what the Home Office will decide. This guide shows the published rules and where to read them.
In short
- Paragraph 353 applies once the claim has been refused, withdrawn or treated as withdrawn and no appeal is pending.
- The two-part test: content not already considered, and a realistic prospect of success when taken with what was.
- Paragraph 353A: an applicant who has made further submissions shall not be removed before the Secretary of State has considered them.
- In person only, in Liverpool, Belfast, Cardiff or Glasgow, by appointment with the Further Submissions Unit on 0300 123 7377.
- Postal submission needs permission, and GOV.UK limits it to three situations.
Paragraph 353 of the Immigration Rules governs further submissions after a protection or human rights claim has been finally refused. Submissions amount to a fresh claim only if the content had not already been considered and, taken with the previously considered material, creates a realistic prospect of success. GOV.UK says further submissions can only be made in person in Liverpool, Belfast, Cardiff or Glasgow, by appointment, unless permission to post them has been given.
What Paragraph 353 Says
The rule itself is short, and it is worth reading in its own words:
“When a human rights or protection claim has been refused or withdrawn or treated as withdrawn under paragraph 333C of these Rules and any appeal relating to that claim is no longer pending, the decision maker will consider any further submissions and,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.”
Submissions amount to a fresh claim if they are significantly different from the material that has previously been considered. Paragraph 353 defines that as content which:
- “had not already been considered”; and
- “taken together with the previously considered material, created a realistic prospect of success, notwithstanding its rejection”.
Both limbs have to be met. The paragraph does not apply to claims made overseas. The practical process is on the GOV.UK page Submit new evidence to support your asylum claim, and the Home Office’s own further submissions caseworker guidance sets out how caseworkers apply it.
Who Can Make Further Submissions
GOV.UK sets four conditions on the page linked above:
- the evidence is genuinely new material not previously submitted
- every available appeal has been completed
- no other claim or appeal is pending with the Home Office or the courts
- the person is in the UK
Paragraph 353 itself is engaged once the asylum claim has been refused, withdrawn or treated as withdrawn and no appeal is still pending. GOV.UK publishes no deadline for making further submissions. See our refused asylum options guide for the other routes after a refusal.
Types of New Evidence
Material put forward in these cases commonly falls into these categories. Whether any of it meets the paragraph 353 test is for the decision maker, and later for a court:
- Changed country conditions. If conditions in your home country have deteriorated since your original claim — for example, a new conflict, a change of government, or new persecution of your particular group.
- New personal circumstances. If you have developed a new reason to fear return — for example, your political profile has changed, or you have converted to a different religion.
- Medical evidence. New medical or psychological evidence, particularly evidence of torture or trafficking that was not previously disclosed. See our NHS access guide for information on getting medical evidence.
- New witness evidence. Statements from witnesses who were not available during the original claim.
- New legal developments. Changes in case law or in published Home Office policy affecting claims of that kind, such as a new country policy and information note or a new country guidance case.
A grant on further submissions can be of refugee status or of humanitarian protection.
How Further Submissions Are Made
This is the part that has changed, and getting it wrong wastes a journey. GOV.UK says: “Further submissions can only be made in person in: Liverpool, Belfast, Cardiff, Glasgow.”
- Book an appointment. Call the Further Submissions Unit on 0300 123 7377, Monday to Friday, 9am to 4pm.
- Complete the further submissions form. It is downloadable from the GOV.UK page.
- Bring identity documents. GOV.UK names a valid passport, a bail document with a photo, a previous immigration status document, or a driving licence.
- Bring the evidence itself, with the written account explaining what it is and how it relates to the earlier claim.
Permission to submit by post is limited. GOV.UK gives three situations: a person who is disabled or ill and unable to travel, a person who is in prison or detained, and an unaccompanied asylum-seeking child. For a child, the contact given is the Asylum Children and Secondary Casework unit at CSUEC@homeoffice.gov.uk.
GOV.UK also lists things that can cause an application to be withdrawn: leaving the UK before a decision, not keeping contact details up to date, missing reporting events, and not answering Home Office requests for information.
Asylum work is within the scope of legal aid — see our legal aid guide for the means test and the adviser finder.
What Happens After Submission
Paragraph 353 sets the order of the two questions, and the order matters:
- The submissions are considered. If they succeed, the outcome is a grant of protection and the second question never arises.
- If they are rejected, the decision maker then determines whether they amount to a fresh claim. That is the paragraph 353 test above.
A rejection that does amount to a fresh claim carries a right of appeal to the First-tier Tribunal. A decision that the submissions do not amount to a fresh claim carries no appeal right, and is challenged instead by judicial review.
Support While Further Submissions Are Outstanding
GOV.UK says short-term asylum support after a refusal is for someone who is homeless, has no money to buy food, and where there is a reason why they cannot leave the UK yet. It provides accommodation, help with prescriptions, dental care, eyesight tests and glasses, and a payment card for food and toiletries — but no cash, and no payment card without taking the accommodation. This is support under section 4 of the Immigration and Asylum Act 1999; Schedule 10 to the Immigration Act 2016 is a different thing, covering accommodation provided with immigration bail.
Department for Education guidance says the outcome of an asylum claim does not affect a child’s entitlement to attend school, and GP registration and some NHS services stay open whatever the immigration status.
If the Fresh Claim Is Refused
If the Home Office decides your submission does not amount to a fresh claim, or if the fresh claim is refused:
- You may be able to challenge the decision by judicial review if the Home Office made a legal error
- If accepted as a fresh claim but refused, you will normally have a right of appeal
- You can make another further submission if you obtain additional new evidence
- You may wish to explore other options available to you
Getting Legal Help
Immigration advice can only be given by a solicitor, a barrister, or an adviser regulated by the Immigration Advice Authority. Routes to one:
- A legal aid solicitor specialising in asylum law — see our legal aid guide
- An immigration adviser registered with the Immigration Advice Authority
- Refugee organisations such as the Refugee Council or Asylum Aid
Next Steps
The process page is Submit new evidence to support your asylum claim, which carries the form, the four cities and the appointment number. The rule it operates under is paragraph 353 of the Immigration Rules.
Related guides:
Questions and answers
What is a fresh asylum claim?
Paragraph 353 of the Immigration Rules calls it a further submission. It applies once a human rights or protection claim has been refused, withdrawn or treated as withdrawn, and no appeal is still pending. The decision maker considers the further submissions and, if they are rejected, then decides whether they amount to a fresh claim.
What evidence do I need for a fresh claim?
Paragraph 353 sets the test. Submissions amount to a fresh claim if they are significantly different from the material already considered — content that (i) 'had not already been considered', and (ii) 'taken together with the previously considered material, created a realistic prospect of success, notwithstanding its rejection'.
Can I be removed from the UK while my fresh claim is being considered?
Paragraph 353A of the Immigration Rules says: '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.' That protection runs while the submissions are being considered. Once they have been considered and rejected, and found not to amount to a fresh claim, it no longer applies.
Can I get legal aid for a fresh claim?
Asylum is within the scope of legal aid, and further submissions are funded under their own rules, which include a merits test. Our legal aid guide covers the means test and how to search for a provider.
This guide is general information about published immigration rules. It is not advice about an individual application under s.82 Immigration and Asylum Act 1999, and Rowan is not regulated by the Immigration Advice Authority. Immigration rules change several times a year. For advice on a particular situation, contact an adviser authorised by the Immigration Advice Authority or an immigration solicitor. Always check GOV.UK for the authoritative current rules.