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Asylum

Volume 462: debated on Wednesday 11 July 2007

To ask the Secretary of State for the Home Department at which point of the asylum process her Department considers a decision on an asylum claim to be final. (148531)

[holding answer 9 July 2007]: A decision on an asylum claim is final when it has been served. All asylum decisions can be reviewed by the courts on appeal or judicial review.

To ask the Secretary of State for the Home Department whether her Department considers an individual who has made a fresh asylum claim to be an asylum seeker with an active case. (148532)

[holding answer 9 July 2007]: Where an individual's original asylum claim has been refused, and they provide the Secretary of State with further submissions on that claim, there are four possible outcomes. The Border and Immigration Agency may:

grant asylum;

recognise there is a fresh claim, against which refusal there is a right of appeal;

recognise there is a fresh claim, but certify that claim, the result of which is no right of appeal; or

refuse to accept the submissions as a fresh claim and reject as further representations, against which there is no right of appeal.

Nobody will be removed before their further submissions have been categorised into one of the above outcomes. To this extent, their case is still ‘active’. A failed asylum seeker does not, however, regain asylum seeker ‘status’ (e.g. for the purposes of support) just because they have put in further submissions. They remain a failed asylum seeker until such time as the Border and Immigration Agency, or the courts, find their further submissions to be significant.