Fresh Claims and New Matters 2020

Speaker: Raphael Jesurum
Chambers: Lamb Building Chambers

• New Matters
• Fresh Claims
• Certification
• Identify the test
• Get evidence
• Persuade/Protect

120 Requirement to state additional grounds for application etc
1. Subsection (2) applies to a person (“P”) if—
(a) P has made a protection claim or a human rights claim,
(b) P has made an application to enter or remain in the United Kingdom….

Section 85, NIAA 2002
[…]
(6) A matter is a “new matter” if—
it constitutes a ground of appeal of a kind listed in section 84, and
the Secretary of State has not previously considered the matter in the
context of—
(i) the decision mentioned in section 82(1), or
(ii) a statement made by the appellant under section 120.

Mahmud (S. 85 NIAA 2002 – ‘new matters’)
[2017] UKUT 00488 (IAC)
29. A matter is the factual substance of a claim. A ground of appeal is the legal basis on which the facts in any given matter could form the basis of a challenge to the decision under appeal

Quaidoo (new matter- procedure/process)
[2018] UKUT 00087(IAC)
Slide 15
AK and IK (S.85 NIAA 2002 – new matters) Turkey
[2019] UKUT 00067 (IAC)

AK and IK (S.85 NIAA 2002 – new matters) Turkey
[2019] UKUT 00067 (IAC)
38. Such an interpretation is consistent with s.86(6) of the 2002 Act because the appellants’ reliance upon their satisfaction of the criteria in part 7.1 of Appendix ECAA:

Immigration Act 2014
EXPLANATORY NOTES
the Secretary of State has had a chance to consider them.

AK and IK (S.85 NIAA 2002 – new matters) Turkey
[2019] UKUT 00067 (IAC)

OA and Others (human rights; ‘new matter’; s.120) Nigeria
[2019] UKUT 00065 (IAC)

Birch (Precariousness and mistake; new matters)
[2020] UKUT 00086 (IAC)

You can contact Raphael Jesurum via his clerks on
clerks@lambbuilding.com

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