Further Submissions
Further submissions may provide an opportunity for a person whose previous asylum or human rights claim has been refused or withdrawn to present new evidence or representations.
The process is subject to specific requirements under the Immigration Rules. Since changes introduced in 2026, the validity requirements for further submissions are set out in the Immigration Rules, including requirements concerning the applicant’s presence in the UK and the status of previous claims and appeals.
At SWM Solicitors, we advise on further submissions involving protection and human rights claims and can assess whether new evidence may support a fresh claim.
What Are Further Submissions?
Further submissions are generally relevant where an earlier protection or human rights claim has been refused, withdrawn or treated as withdrawn and the available appeal process has ended.
They allow a person to put forward new information or evidence that may affect their immigration position.
However, further submissions are not simply a way of repeating an earlier claim.
The new material must be considered under the relevant legal test.
When Can Further Submissions Be Made?
For protection-based further submissions, the current rules generally require the person to:
- Be in the UK
- Be a failed asylum seeker
- Have had their previous asylum claim refused or withdrawn
- Have no outstanding protection claim or appeal
- Meet the applicable validity requirements
The current process generally requires protection-based further submissions to be lodged through an in-person appointment at a Service and Support Centre, subject to specified exceptions.
New Evidence
New evidence can be particularly important.
This might include:
- New medical evidence
- New evidence concerning political or religious activity
- New evidence about family circumstances
- Changes in country conditions
- New documents
- New witness evidence
- Evidence that was not previously available
The evidence should be genuinely relevant to the protection or human rights claim.
New evidence should be material that was not previously available to the applicant. Evidence that has already been submitted may not be treated as new evidence for the purposes of further submissions.
Further Submissions and Fresh Claims
The Home Office considers further submissions under paragraph 353 of the Immigration Rules.
The submissions may amount to a fresh claim where they are significantly different from material previously considered and, when considered together with the previous material, create a realistic prospect of success before an Immigration Judge.
This is an important distinction.
A person can provide further information without that information necessarily amounting to a fresh claim.
Human Rights Further Submissions
Further submissions are not limited to asylum or protection grounds.
They can also raise human rights issues, including Article 8 family or private life matters.
Current Home Office guidance states that human rights further submissions should generally be made through the appropriate application form where an application is required.
The appropriate procedure depends on the circumstances.
Further Submissions and Removal
A person making further submissions may be facing removal from the UK.
The timing and procedure can therefore be particularly important.
The Immigration Rules provide that a person should not be removed before the Secretary of State has considered further submissions under the applicable procedure, subject to the relevant legal framework.
Individuals should obtain advice promptly where removal action is being considered.
Evidence and Previous Refusal Decisions
A previous refusal decision should be reviewed carefully before preparing further submissions.
The new evidence needs to be considered alongside the material that was previously assessed.
Simply repeating the same arguments may not be sufficient where the issues have already been considered.
If Further Submissions Are Rejected
Further submissions can be rejected where they do not meet the relevant requirements or do not amount to a fresh claim.
The legal consequences can depend on the exact decision made by the Home Office.
Where further submissions amount to a fresh protection or human rights claim and that claim is refused, a right of appeal may arise. Where the submissions are rejected as not amounting to a fresh claim, there is generally no right of appeal against that rejection itself.
How We Can Help
SWM Solicitors can advise on further submissions, including:
- Reviewing previous refusal decisions
- Assessing new evidence
- Considering changes in circumstances
- Preparing protection-based submissions
- Preparing human rights representations
- Considering Article 8 issues
- Assessing whether material may amount to a fresh claim
- Advising where removal is being considered
- Reviewing decisions on further submissions
Further submissions require careful preparation because the Home Office considers both the new material and the evidence previously considered.