From Rejection to Refuge: The Struggle and Triumph of a Ukrainian Asylum Seeker in the UK
The UK asylum process is a complex and often daunting journey, especially for those who need to make subsequent applications after an initial refusal. Under the current Immigration Rules, an asylum seeker who wishes to present new evidence or arguments can make further representations. These representations, if significantly different from previous submissions and creating a realistic prospect of success when considered alongside earlier material, may be treated as a “fresh claim.” This designation is crucial, as it allows the claimant the right to appeal a refusal, a right that is otherwise unavailable.
The legal threshold for submissions to be recognized as a fresh claim is described in case law as “relatively modest.” However, in practice, this threshold appears to be much higher than suggested, according to lawyers and NGOs.
A recent case highlights the challenges and complexities faced by asylum seekers in the UK. The claimant, who entered the UK clandestinely in 2013, initially sought asylum in 2017 after being encountered by immigration enforcement. Her asylum claim was refused, and her appeal was dismissed, with the Immigration Judge concluding that she did not face a well-founded fear of persecution if returned to Ukraine.
In February 2024, the claimant made further submissions based on the ongoing war in Ukraine, arguing that her removal would breach her rights under Articles 2 and 3 of the European Convention on Human Rights (ECHR) due to the risk of indiscriminate violence. She also claimed that her rights under Article 8 of the ECHR would be violated if she were removed from the UK.
Sterling’s Law team convinced the Home Office about the serious risk of harm our client might face due to the ongoing conflict in Ukraine; the Home Office granted her humanitarian protection instead.
The practicalities of making further submissions add another layer of difficulty for asylum seekers. These submissions must be made in person at designated locations in Liverpool or Glasgow, except in exceptional circumstances such as severe illness or disability. Additionally, the evidence submission deadline is quite rigid, adding further pressure on asylum seekers to gather and present all necessary documentation within a strict time frame.
The recent case of a Ukrainian asylum seeker, who was ultimately granted humanitarian protection despite her fresh claim being rejected, underscores the complexities and harsh realities of the UK asylum process. For those navigating this complex system, the journey to secure protection in the UK remains long and uncertain. However, thanks to the Sterling Law team, the client’s and her minor son’s claim was successful in less than a six-month period, demonstrating the critical impact that dedicated legal advocacy can have in expediting and securing positive outcomes in such cases.
