FRESH

KENNEDYS LAW – 27 September 2023

 ”The Home Office assessed the application as a fresh claim – as such they were looking to see whether the second application contained any fresh evidence or arguments, when compared to the previous one submitted by your Client.”

HOME OFFICE REFUSAL – 8 February 2022

”The reasons why your further submissions have been rejected and why they do not amount to a fresh claim are set out in the following pages.”

”I have considered your further submissions under paragraph 353 of the Immigration Rules.”

OUR COMMENTS

Where paragraph 353 (further submissions) applies and the further submissions do not amount to a fresh claim or where the claim is certified under section 96, there will be no right of appeal, and if certified under section 94B no right of appeal until the person has left the UK.

https://www.gov.uk/government/publications/appeals/rights-of-appeal-accessible#:~:text=Paragraph%20353%20of%20the%20Immigration,in%20the%20Further%20submissions%20guidance.

There was no right of appeal.