Immigration Rules
Immigration Rules: Immigration Rules Part 12 Procedure And Rights Of Appeal
gov.uk change note: Changes made in line with Statement of Changes HC 1691.
Headline
Rules paragraphs 353-353B have been converted from numbered format to bullet-pointed format with no substantive changes to policy content.
Changes in detail
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Paragraph 353 — Formatting changed from numbered paragraph to bullet-pointed list structure, with main text and sub-points (i) and (ii) now preceded by hyphens, but content remains identical.
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Paragraph 353A — Formatting changed from numbered paragraph to bullet-pointed format, with content unchanged regarding consideration procedures and removal prohibition.
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Paragraph 353AB — Formatting changed from numbered paragraph with sub-points (a), (b), and (c) to bullet-pointed structure, with all eligibility requirements for further submissions remaining substantively the same.
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Paragraph 353AD — Formatting changed from numbered paragraph with sub-points (a) and (b) to bullet-pointed structure, with explicit withdrawal criteria unchanged.
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Paragraph 353AE — Formatting changed from numbered paragraph with sub-points (a) through (e) to bullet-pointed structure, with all implicit withdrawal circumstances remaining identical.
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Paragraph 353B — Formatting changed from numbered paragraph with sub-points (i), (ii), and (iii) to bullet-pointed structure, with exceptional circumstances criteria and exclusions unchanged.
Practical implications
No practical implications for practitioners. All substantive policy content, eligibility criteria, procedural requirements, and legal tests remain identical. Pending applications and advice are unaffected as this is purely a formatting standardisation exercise.
Administrative changes
The entire diff consists of formatting changes where numbered Immigration Rules paragraphs (353, 353A, 353AB, 353AD, 353AE, 353B) have been converted to bullet-pointed format. Some spacing adjustments were also made between sections. No substantive policy content was altered.
Diff
@@ -1,20 +1,19 @@ ## Fresh Claims - -353. When a human rights or protection claim has been refused or withdrawn or treated as withdrawn under paragraph 333C of these Rules and any appeal relating to that claim is no longer pending, the decision maker will consider any further submissions and, if rejected, will then determine whether they amount to a fresh claim. The submissions will amount to a fresh claim if they are significantly different from the material that has previously been considered. The submissions will only be significantly different if the content: +- 353. When a human rights or protection claim has been refused or withdrawn or treated as withdrawn under paragraph 333C of these Rules and any appeal relating to that claim is no longer pending, the decision maker will consider any further submissions and, if rejected, will then determine whether they amount to a fresh claim. The submissions will amount to a fresh claim if they are significantly different from the material that has previously been considered. The submissions will only be significantly different if the content: -(i) had not already been considered; and +- (i) had not already been considered; and -(ii) taken together with the previously considered material, created a realistic prospect of success, notwithstanding its rejection. +- (ii) taken together with the previously considered material, created a realistic prospect of success, notwithstanding its rejection. This paragraph does not apply to claims made overseas. -353A. Consideration of further submissions shall be subject to the procedures set out in these Rules. An applicant who has made further submissions shall not be removed before the Secretary of State has considered the submissions under paragraph 353 or otherwise. +- 353A. Consideration of further submissions shall be subject to the procedures set out in these Rules. An applicant who has made further submissions shall not be removed before the Secretary of State has considered the submissions under paragraph 353 or otherwise. @@ -23,23 +22,24 @@ ## Validity Further Submissions + 353AA. A person making further submissions must attend an in-person appointment at a Service and Support Centre (SSC). - -353AB. At the date of making further submissions, the person must meet all of the following requirements: +- 353AB. At the date of making further submissions, the person must meet all of the following requirements: -(a) the person must be in the UK; +- (a) the person must be in the UK; -(b) the person must be a failed asylum seeker meaning that their initial asylum claim has been refused or withdrawn, including where it has been treated as withdrawn under paragraph 333C of the Rules; and +- (b) the person must be a failed asylum seeker meaning that their initial asylum claim has been refused or withdrawn, including where it has been treated as withdrawn under paragraph 333C of the Rules; and -(c) the person must have no outstanding asylum or protection claim or, appeal before the Secretary of State, First tier Tribunal, Upper tier Tribunal or before any court on protection or human rights grounds +- (c) the person must have no outstanding asylum or protection claim or, appeal before the Secretary of State, First tier Tribunal, Upper tier Tribunal or before any court on protection or human rights grounds + @@ -50,15 +50,14 @@ ## Explicit withdrawal of Further Submissions - -353AD. Further submissions will be treated as explicitly withdrawn where the person: +- 353AD. Further submissions will be treated as explicitly withdrawn where the person: -(a) signs the relevant withdrawal form provided by, or on behalf of the Secretary of State; or +- (a) signs the relevant withdrawal form provided by, or on behalf of the Secretary of State; or -(b) otherwise explicitly declares a desire to withdraw their further submissions. +- (b) otherwise explicitly declares a desire to withdraw their further submissions. @@ -69,24 +68,24 @@ ## Implicit withdrawal of Further Submissions - -353AE. Further submissions may be treated as implicitly withdrawn if the person: +- 353AE. Further submissions may be treated as implicitly withdrawn if the person: -(a) fails to maintain contact with the Home Office or provide up to date contact details or; +- (a) fails to maintain contact with the Home Office or provide up to date contact details or; -(b) leaves the United Kingdom at any time before the conclusion of their further submissions decision; or +- (b) leaves the United Kingdom at any time before the conclusion of their further submissions decision; or -(c) fails to attend any reporting events, unless the applicant demonstrates within reasonable time that the failure was due to circumstances beyond their control; or +- (c) fails to attend any reporting events, unless the applicant demonstrates within reasonable time that the failure was due to circumstances beyond their control; or -(d) fails to attend a personal interview for the purpose of assessing their submissions, unless the person demonstrates within reasonable time that the failure was due to circumstances beyond their control; or +- (d) fails to attend a personal interview for the purpose of assessing their submissions, unless the person demonstrates within reasonable time that the failure was due to circumstances beyond their control; or -(e) fails to respond to requests for information in the relevant time period as requested unless the person demonstrates within reasonable time that the failure was due to circumstances beyond their control. +- (e) fails to respond to requests for information in the relevant time period as requested unless the person demonstrates within reasonable time that the failure was due to circumstances beyond their control. + @@ -97,22 +96,21 @@ ## Exceptional Circumstances - -353B. Where further submissions have been made and the decision maker has established whether or not they amount to a fresh claim under paragraph 353 of these Rules, or in cases with no outstanding further submissions whose appeal rights have been exhausted and which are subject to a review, the decision maker will also have regard to the migrant’s: +- 353B. Where further submissions have been made and the decision maker has established whether or not they amount to a fresh claim under paragraph 353 of these Rules, or in cases with no outstanding further submissions whose appeal rights have been exhausted and which are subject to a review, the decision maker will also have regard to the migrant’s: -(i) character, conduct and associations including any criminal record and the nature of any offence of which the migrant concerned has been convicted; +- (i) character, conduct and associations including any criminal record and the nature of any offence of which the migrant concerned has been convicted; -(ii) compliance with any conditions attached to any previous grant of leave to enter or remain and compliance with any conditions of temporary admission or immigration bail where applicable; +- (ii) compliance with any conditions attached to any previous grant of leave to enter or remain and compliance with any conditions of temporary admission or immigration bail where applicable; -(iii) length of time spent in the United Kingdom spent for reasons beyond the migrant’s control after the human rights or asylum claim has been submitted or refused; +- (iii) length of time spent in the United Kingdom spent for reasons beyond the migrant’s control after the human rights or asylum claim has been submitted or refused; -in deciding whether there are exceptional circumstances which mean that removal from the United Kingdom is no longer appropriate. +- in deciding whether there are exceptional circumstances which mean that removal from the United Kingdom is no longer appropriate. -This paragraph does not apply to submissions made overseas. +- This paragraph does not apply to submissions made overseas. -This paragraph does not apply where the person is liable to deportation. +- This paragraph does not apply where the person is liable to deportation.