In Asylum Aid’s experience many asylum seekers go through the asylum process without adequate legal advice, or at a considerable speed in fast-track cases. It may not have been possible to gather all the evidence needed.
Courts have long recognised and protected the right to make a second asylum claim (also known as a “fresh claim”) if new evidence comes to light. The Home Office also recognises that there may be cases where a second asylum claim will be made in good faith. In Asylum Aid’s experience, a number of second claims have been successful when new evidence is presented or because there has been a change in the law as a result of previous court decisions.
If there is no new evidence or change of circumstances, refused asylum seekers are expected to make arrangements for leaving the UK. The ‘Choices’ programme at Refugee Action runs voluntary returns programmes funded by the Home Office.
If a person does not leave the UK after his or her claim has been refused, the UK Border Agency may arrange an enforced return.