Private Asylum & Fresh Claims
Not every asylum case fits within the legal aid system. If your means test fails, if your certificate has been withdrawn, if you need to bring a fresh claim under Rule 353, or if judicial review is the only remaining route — you need specialist privately funded representation. We handle these cases with the same rigour we apply to our legal aid work, because the stakes — your safety — are the same.
Privately funded asylum work — same rigour, without the LA means test.
Legal aid for asylum has a financial means test, a merits test, and scope limits that exclude many genuine claims. If your means test fails because of family support, if the Legal Aid Agency has withdrawn funding part-way through your case, if you need to bring a fresh claim after previous refusal, or if judicial review is the only remaining route — you need privately funded specialist representation. We take these cases on seriously, because getting them right protects lives.
Private asylum work we take on.
These are the asylum and protection matters we handle as privately funded work, outside the legal aid scheme. Each type requires specific expertise — fresh claims under Rule 353, onward appeals, and judicial review are each distinct legal processes.
Fresh Asylum Claims
Further submissions to the Home Office after a previous refusal, based on new evidence or new legal arguments not previously considered. Must meet the Rule 353 threshold of "realistic prospect of success."
Asylum Claims (Privately Funded)
Full asylum representation from claim to decision for clients whose means exceed the legal aid threshold, or who prefer private representation for confidentiality or continuity reasons.
First-tier Tribunal Asylum Appeals
Privately funded appeals against asylum refusal. Grounds of appeal, evidence bundle, and hearing representation — including instruction of specialist counsel where appropriate.
Onward Appeals — Error of Law
Permission to appeal to the Upper Tribunal, error of law hearings, and remitted hearings where the First-tier Tribunal has made a material error. Complex, specialised work.
Judicial Review of Asylum Refusals
Where fresh claims are rejected at Rule 353 stage, or where procedural unfairness has occurred, judicial review may be the only remaining remedy. Strict time limits apply.
Continuation After Legal Aid Withdrawal
If legal aid has been withdrawn mid-case — e.g. due to change in financial circumstances or merits assessment — we can take over privately to ensure continuity of representation at a critical moment.
Three things determine whether an asylum claim succeeds.
Country of origin evidence
Current, authoritative evidence about conditions in your country is essential — from Home Office Country Policy and Information Notes to independent reports from EUAA, HRW, Amnesty, and country expert witnesses.
Credibility
Your own witness statement is the backbone of the claim. Inconsistencies, gaps, and "plausibility" findings are the most common reasons for refusal — and they're often preventable with proper preparation.
Rule 353 threshold
For fresh claims, the test is whether the new material creates a "realistic prospect" of success before a different immigration judge. Fresh claims that merely repeat old arguments are rejected.
From first meeting to Home Office submission.
Merits Assessment
Full review of previous decisions, identifying the strongest basis for a fresh claim or appeal. Honest written advice on prospects.
Evidence Building
Country of origin evidence gathered from current authoritative sources. Expert reports commissioned where appropriate.
Representations
Detailed written submissions drafted — case law cited, evidence cross-referenced, Rule 353 threshold addressed where relevant.
Hearing or Decision
Representation through to Home Office decision, or tribunal hearing, or judicial review outcome — as the case requires.
Private asylum questions we hear most often.
What is a fresh claim under Rule 353?
A fresh claim is a further submission to the Home Office after a previous asylum refusal — raising new evidence or new legal arguments that were not previously considered. The Home Office must decide whether the new material, taken together with the material previously considered, creates a "realistic prospect" of success before a different immigration judge. If yes, it is treated as a fresh claim with a new right of appeal. If not, the submission is rejected and may be challenged by judicial review.
Why would I pay privately when legal aid exists?
Several reasons: your means test may have failed because of family support or assets. The Legal Aid Agency may have withdrawn funding mid-case. A fresh claim may fall outside LA scope. Judicial review may be needed where LA funding has been declined on merits. Or you may simply prefer the continuity and responsiveness of private representation. Each situation is legitimate — and we treat private asylum work with the same care as our legal aid cases.
What if my case is eligible for legal aid?
We'll tell you honestly at consultation. If your case falls within legal aid scope AND you meet the means and merits tests, our Kalsi Legal Aid brand (the same firm under a separate LA contract) may be able to take the case. We don't encourage private clients to pay when LA is available — that would be wrong and contrary to the SRA Code.
How strong does new evidence need to be for a fresh claim?
The Rule 353 threshold is "realistic prospect of success" — lower than "probability of success," but higher than "not fanciful." New country evidence showing deteriorating conditions, new expert reports on specific risks, corroborating documentary evidence, or significant new case law developments can all found a fresh claim. Simply repackaging the same evidence in new words will not.
How long does a fresh claim take?
Submission to decision is typically 6 to 12 months, though urgent fresh claims in detention or near removal can be expedited. Judicial review of fresh claim rejection must be filed within 3 months of the rejection decision. If you are at risk of removal, speak to us urgently.
Can I appeal an asylum refusal privately?
Yes. If your case was originally publicly funded but legal aid has been declined or withdrawn for the appeal, you can instruct us privately. We act from lodging grounds through to final hearing, instructing counsel (barristers) where appropriate. Given the time limits on asylum appeals (14 days in-country) we can take on urgent instructions promptly.
What about judicial review?
Judicial review is the remedy of last resort when the Home Office has taken a decision that is unlawful, unreasonable, or procedurally unfair — and no other remedy is available. Common asylum-context JRs include Rule 353 rejections, certification decisions, and unlawful detention. JRs are expensive (£3,500–£8,000+) and tightly time-limited (3 months), so we triage carefully at consultation.
Urgent case? Speak to us today.
Asylum time limits are tight. Whether you need a fresh claim, an appeal, or a judicial review, book a consultation — we'll give you an honest assessment of your prospects and a written fixed-fee quote.
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