Seeking Refuge? - Rights of Women

Does the new information
create a real chance of success?
As well as providing information that is new, the
information must also create a real chance of
success. This means that the information has to
be capable of making the decision-maker think
that, despite the fact that your previous claim for
asylum failed, you are now at risk of persecution
or some other form of serious harm. If the
information is new but does not create a real
chance of success, then you will not have a fresh
claim.
Getting advice on a fresh claim
If you think that you have new and relevant
information, you should seek advice from either a
solicitor or an immigration advisor. They will find
out about the claim(s) you have made in the past,
look at what information was considered and why
your claim was unsuccessful. They will then be
able to advise you on whether the information
you have is indeed new, and then whether it
creates a real chance of success. As well as
looking at the decisions made in relation to your
case, your solicitor or immigration advisor will also
have to examine the information itself. This will
include finding out where it has come from and
whether it is reliable. It may also include getting
an expert’s opinion (for example, on whether a
particular document is genuine), or carrying out
research. This may be particularly important if
your previous claim was unsuccessful because it
was decided that you were not credible (that you
were not telling the truth).
Your legal representative is the person who
advises you on the law and your rights. Your
legal representative may be a solicitor or an
immigration advisor. A solicitor is a qualified
lawyer who is responsible for dealing with the
preparation of cases. Some solicitors may also
represent their clients in courts or tribunals.
Solicitors are represented by the Law Society
www.lawsociety.org.uk and are regulated by
the Solicitors Regulation Authority
www.sra.org.uk An immigration advisor is
someone who is not a solicitor, but who is
able to give immigration law advice. For
information about immigration advisors
contact the Office of the Immigration Services
Commissioner www.oisc.gov.uk
Barristers are qualified lawyers who represent
clients before courts and tribunals. Barristers
are represented by the Bar Council
www.barcouncil.org.uk and regulated by the
Bar Standards Board
www.barstandardsboard.org.uk
Depending on your financial circumstances
and the merits of your case, you may be
entitled to public funding (also known as
legal aid). Public funding enables some
people who cannot afford to pay privately to
get legal advice and representation free of
charge. However, not all legal representatives
do publicly-funded work and there are limits
on the work that a publicly-funded legal
representative can do on a case. For further
information about public funding and getting
legal advice, talk to your legal representative
or contact Community Legal Advice
www.communitylegaladvice.org.uk
If you are not entitled to public funding, you
may have to pay for legal advice or, if you
cannot afford this, represent yourself.
What happens if I make a fresh
claim?
If you make a fresh claim, you will be entitled to
financial support from the UK Border Agency.
When you have made a fresh claim you can apply
for section 4 support, which consists of selfcatering
accommodation and vouchers. When you
apply for this support, you will not have to say
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