Fresh claims arise where new evidence — not previously considered — would create a realistic prospect of success. Expert witness evidence frequently forms the basis of fresh claims, particularly where country conditions have deteriorated since the original refusal or where new expert analysis addresses profile-specific risks not covered by the original CPIN.
Country condition witnesses providing evidence of changed circumstances since the original determination are central to many fresh claims. Security deterioration in Somalia, Afghanistan, Nigeria, and other jurisdictions in 2025–2026 has generated fresh claims supported by updated expert analysis.
Fresh claim expert evidence must be genuinely new — not merely a rehash of arguments considered in the original refusal. Experts should identify what has changed, cite dated sources post-dating the original decision, and address why the new evidence creates a realistic prospect of success.
Instruct experts as soon as fresh claim material is identified. Expert reports supporting fresh claims should be exchanged promptly to support the Home Office fresh claim assessment and any subsequent judicial review.
Related Resources
Frequently Asked Questions
Can expert evidence support a fresh claim?
Yes — where expert evidence addresses genuinely new material not previously considered, such as changed country conditions, new profile-specific risk analysis, or expert evidence not available at the original refusal stage.
What makes expert evidence 'new' for fresh claim purposes?
Evidence must not have been considered in the original refusal. Changed country conditions with dated post-decision sources, new expert analysis of previously unassessed risks, or expert evidence correcting methodological errors in the original determination may qualify.