Paragraph 353 of the Immigration Rules describes the process of deciding whether further submissions are a fresh claim and, whether a further right of appeal exists if those further submissions are refused. If a further submissions do not amount to a fresh claim under paragraph 353, there is no right of appeal against the rejection of the further submissions.

Paragraph 353 states that submissions will amount to a fresh claim if they are significantly different from material that has already been considered. Submissions will only be significantly different if the content:

  • has not already been considered; and
  • taken together with previously considered material, creates a realistic prospect of success before the Tribunal on protection or human rights grounds, including claims under Article 8 ECHR (which will be considered under the Family or Private Life Rules, where appropriate)

Where the SSHD has not accepted that the further representations amount to a fresh human rights or asylum claim, the applicant has the option of challenging such decision by way of Judicial Review (JR) if there are grounds for filing a Judicial Review against the decision of the Secretary of State. It is very common for the Secretary of State not to accept any further representations amounting to fresh claim and thereby refuse the right of appeal to an applicant. Most applicants challenge such refusals by way of Judicial Review (JR).

Why Choose Sunrise Solicitors For An Appeal Against Refusal Of Fresh Asylum And/Or Human Rights Claim?

The immigration solicitors at Sunrise Solicitors are experts in dealing with immigration appeals against the refusal of fresh asylum or human rights claim made under paragraph 353 of the Immigration Rules. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your appeal against the refusal of your fresh asylum and/or human rights claim and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

If we are instructed by you to represent you regarding your appeal matter, the immigration casework to be carried out by our immigration solicitors will include the following:

  • Taking detailed instructions from you and advising you about the relevant immigration laws and procedures to be adopted by the First-tier Tribunal (Immigration and Asylum Chamber) in your appeal;
  • Discussing the reasons for refusal letter in detail with you and advising you about the weaknesses and strengths of your immigration appeal;
  • Advising you about possible grounds of appeal, arguing how the decision of the Home Office, UKVI is not in accordance with the relevant immigration laws;
  • Advising you about the documentary evidence to be submitted in support of your immigration appeal;
  • Assessing the relevant documentary evidence to be submitted in support of your immigration appeal and discussing the same with you;
  • Completing the relevant appeal form and discussing the same with you;
  • Preparing the grounds of appeal to rebut reasons for refusal of your fresh asylum and/or human rights claim;
  • Preparing a cover letter to introduce and support the immigration appeal to the First Tier Tribunal;
  • Submitting the notice of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) along with all the supporting documentary evidence within 14 days of the appellant receiving the notice of decision from the Home Office, UKVI;
  • Liaising with the Asylum and Immigration Tribunal for a timely decision on your immigration appeal;
  • Perusing the Respondent's bundle (Home Office bundle of documents) and discussing the same with you;
  • Preparing a detailed witness statements of the witnesses who will appear in court to give oral evidence in support of the appeal;
  • Preparing the indexed and paginated appeal bundles of documents to be submitted in support of the immigration appeal;
  • Instructing a Barrister who will represent you in your appeal before the Immigration Judge at the First Tier Tribunal;
  • Arranging a pre-hearing conference with the Barrister who will discuss your appeal case with you and advise you about the court procedure in relation to your immigration appeal;
  • Doing all the follow up work until decision is reached on your immigration appeal.

Our Fee For An Appeal Against Refusal Of Fresh Asylum And/Or Human Rights Claim

  • We will charge you a fee from £1,500 + VAT (No VAT applicable where the applicant is a failed asylum seeker) which will cover all our work until a decision is made by the Immigration Judge on your immigration appeal.
  • If you cannot afford to pay our fee in full at the time of instructing us in relation to your appeal matter, you can pay half of the fee at the time of instructing us and the balance can be paid within a month from the date of initial instructions.
  • It is pertinent to note that the agreed fee will not cover any disbursements to be incurred by  us on your behalf e.g. Barrister's fee for appearing before the Immigration Judge at the date of appeal hearing, court fee, translation of documents, Medical Reports etc.

Sunrise Solicitors is the trading name of Sunrise Solicitors Ltd (company registration no. 6405492). Sunrise Solicitors Offices are regulated by SRA under SRA ID 490903 (London Office) and SRA ID 645256 (Manchester Office). Sunrise Solicitors are also members of Immigration Law Practitioners' Association (ILPA).

 

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