Fresh Claims transfer from the High Court to the Upper Tribunal
The process of preparing and lodging a fresh claim for protection (on asylum and human rights grounds) is not an easy one. Often a lot of work is required to repair damage done, and finding made, in an earlier protection claim and appeal. So what happens when the UK Border Agency rejects your fresh claim as invalid, with reference to paragraph 353 Immigration Rules, which requires your new material to be sufficiently different, not previously available to you, and capable of producing a positive outcome to your case? Judicial review (JR) in the High Court has until now been the remedy, but from 17 October jurisdiction for most "fresh claim" JRs will pass from the Administrative Court, part of the High Court in England and Wales, to Judges of the Upper Tribunal.
High Court judges will be able to transfer existing fresh claim JRs to the Tribunal, and any new challenges to adverse fresh claim decisions after that date should be made directly to the Tribunal. The new system applies to challenges to removal following refusal of a fresh protection or human rights claim, but not to cases where detention is also challenged.
A Direction has been issued by the Lord Chief Justice which further explains that the Tribunal will retain jurisdiction when - after transfer from the High Court - additional material is submitted to the Border Agency and no decision has yet been taken on that material. This situation arises commonly in removal cases, where new evidence is gathered to demonstrate a well-founded fear of persecution or harm on return.
New consequent Procedure Rules have been made in the Tribunal's Immigration and Asylum Chamber, and there is a Fees Order to enable continued charging of lodging fees for fresh claim challenges.
The stated aim? "To relieve pressure on the High Court while maintaining the quality of justice and the speed of disposal for this class of JR."