Seeking Refuge? - Rights of Women

grant you protection in the UK, you will have a new
right to appeal against that decision. If, after
making further representations to the UK Border
Agency, you are refused protection in the UK, you
do not have a new right of appeal against that
decision. It may, however, be possible to challenge
that decision by judicial review. This is a very
complex area of law, so you will need to seek legal
advice.
What is new information?
There is no limit on what counts as new
information, other than that it must not have
been considered before by the UK Border Agency
or an Immigration Judge.
The following are examples of what might count
as new information. However, because there is no
limit on what counts as new information, this list
is not exhaustive. If you think you might have new
information that could enable you to make a fresh
claim, you should get legal advice from a solicitor
or immigration advisor as soon as possible.
Examples of new information:
• Information that relates to you and your
safety, should you have to return to your
country. This might include:
o information about a friend or family
member who has been arrested or harmed;
o new documentation, such as an arrest
warrant or judgement against you;
o information from an expert, in the form of a
report on your physical or mental health;
o a new threat to your safety, such as from a
member of your family;
o a change in your circumstances since your
claim was decided, for example, if you have
left your husband, or you have had a child.
• Information about your country. This might
include:
o a change in who is in Government;
o a change in the law;
o the start of a war or a conflict; or,
o the worsening of a conflict, or a conflict
moving into an area that was previously
safe.
• A change in the law, including:
o a new piece of legislation, such as a new Act
of Parliament, Directive of the European
Union or the coming into force of a new
piece of international law (for example
Council of Europe Convention on Action
against Trafficking in Human Beings, which
the UK Government ratified in 2008);
o a change to the Immigration Rules;
o a change in case law, for example, following
a new decision from the European Court of
Human Rights, the House of Lords, Court of
Appeal or the Asylum and Immigration
Tribunal.
Example of a change in case law:
RN (Returnees) Zimbabwe CG
[2008] UKAIT 00083
RN was a teacher in Zimbabwe who had
claimed asylum in the UK the day after she
arrived here. RN had not been involved in
political activities, but she was a teacher and
she claimed that she would be at risk if she
was returned, as she would be assumed to be
a supporter of the opposition Movement for
Democratic Change (the MDC). RN was also
concerned that she would face retribution
from her former boyfriend, who had been
violent towards her and her mother.
RN’s case was refused and arrangements were
made for her removal to Zimbabwe. RN
appealed against this decision and, following a
number of hearings, the Asylum and
Immigration Tribunal (AIT) found that those at
risk of persecution in Zimbabwe were not
limited to those who actively supported the
MDC, but also included anyone who could not
demonstrate loyalty to Zanu-PF. Teachers, as a
group, were also considered to be at risk
because it was assumed that they were
involved in political activities. Despite recent
improvements in the political situation in
Zimbabwe, the AIT found that the power
sharing agreement had not removed the real
risk of persecution or other serious harm to
certain Zimbabweans.
As a result of this decision, many
Zimbabweans who have had previous claims
for asylum refused may have fresh claims. You
can read the judgement by looking here:
www.ait.gov.uk/Public/Determination
Details.aspx?Id=2184
If you think your situation may be affected by
this decision, you should seek legal advice.
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