How To Request Reconsideration of an Asylum Refusal

When an asylum claim is refused by the Home Office, there are several legal routes that may allow the decision to be challenged. One of these is requesting reconsideration of an asylum refusal decision. This process involves asking the Home Office to review its own decision where there is evidence of a legal or factual error, or where new evidence significantly affects the outcome.

Reconsideration is not the same as an appeal to the tribunal. It is an administrative process carried out by the Home Office, and it is typically used in limited circumstances where an appeal right is not available or where urgent correction of an error is required.

This article explains how to request reconsideration of an asylum refusal, the legal framework, eligibility, procedures, deadlines, and practical considerations.

1. What Reconsideration of an Asylum Refusal Means

Reconsideration is a request for the Home Office to review and potentially change its own refusal decision without the need for a tribunal appeal.

It is generally based on:

• A clear factual error in the refusal decision
• A legal error in the application of asylum or human rights law
• New evidence that was not previously considered
• Procedural unfairness in decision-making

Reconsideration is not a full rehearing of the asylum claim. It is a limited review mechanism focusing on whether the original decision was wrong or incomplete.

2. Legal and Policy Framework

Reconsideration requests are governed by:

• UK immigration legislation under the Immigration Acts
• Home Office asylum decision-making policy guidance
• Administrative law principles of fairness and rational decision-making
• Human rights obligations under the European Convention on Human Rights (ECHR)

While there is no single statutory “reconsideration appeal right” for asylum refusals, the Home Office has internal mechanisms for reviewing decisions where errors are identified.

Judicial oversight may also be available through judicial review if reconsideration is refused or ignored.

3. When You Can Request Reconsideration

A request for reconsideration is typically appropriate where:

A. New Evidence Has Emerged

• Medical reports not previously available
• New country condition information
• Identity documents or proof of risk

B. Clear Errors in the Decision

• Misinterpretation of asylum interview evidence
• Incorrect factual assumptions
• Failure to consider submitted documents

C. Legal Errors

• Incorrect application of Refugee Convention criteria
• Failure to assess Article 3 ECHR risk properly
• Ignoring relevant country guidance

D. Procedural Issues

• Failure to consider representations
• Lack of fairness in decision-making process

4. When Reconsideration May Not Be Appropriate

Reconsideration is not suitable where:

• There is already a valid right of appeal to the First-tier Tribunal
• The request is based only on disagreement with findings
• No new evidence or error is identified
• The case has already been fully determined by a tribunal

In many asylum cases, tribunal appeal rights will take priority over reconsideration.

5. How To Request Reconsideration

Step 1: Identify the Basis for Request

Before submitting a request, it is necessary to clearly identify:

• The specific error in the refusal decision
• The new evidence being relied upon (if applicable)
• The legal principles affected

Step 2: Prepare a Written Request

The request should be set out in writing and should include:

• Full personal details and Home Office reference number
• Date of the refusal decision
• Clear explanation of why reconsideration is being requested
• Reference to specific parts of the refusal letter
• Supporting evidence (if available)

The request should be structured and focused on legal or factual issues rather than general disagreement.

Step 3: Submit to the Home Office

Requests are usually submitted to the Home Office department responsible for asylum decision-making.

This may include:

• Casework team handling the asylum claim
• Reconsideration or review units (where applicable)

Supporting documents should be included and clearly labelled.

Step 4: Await Response

The Home Office may:

• Accept the request and reconsider the decision
• Refuse to reconsider the decision
• Request additional information
• Maintain the original refusal

There is no fixed statutory timeframe for reconsideration responses, but decisions are expected to be made within a reasonable period.

6. What Happens After Reconsideration

If reconsideration is successful:

• The refusal decision may be withdrawn
• A new asylum decision may be issued
• The case may be reopened for further assessment

If reconsideration is refused:

• The original refusal remains in place
• Tribunal appeal rights may still apply (if available)
• Judicial review may be considered in limited circumstances

7. Evidence Required for Reconsideration

Strong reconsideration requests typically include:

• Medical or psychological reports (e.g. trauma or PTSD evidence)
• Updated country information reports
• Identity or travel documentation
• Witness statements
• Evidence of risk not previously considered

Evidence should directly relate to the reasons for refusal.

8. Time Limits and Urgency

There is no universal statutory deadline for requesting reconsideration of an asylum refusal, but:

• Requests should be made promptly
• Delay may weaken the credibility of new evidence
• Urgent cases (e.g. imminent removal) may require immediate action

Where removal directions have been set, urgency becomes critical.

9. Risks and Limitations

Reconsideration carries several limitations:

• It is discretionary, not a guaranteed right
• The Home Office is reviewing its own decision
• There is no independent tribunal oversight at this stage
• Requests may be refused without detailed reasoning
• It does not suspend removal automatically in all cases

Because of these limitations, reconsideration is often used alongside other legal remedies.

10. Common Mistakes in Reconsideration Requests

Frequent errors include:

• Failing to identify a specific legal or factual error
• Submitting general disagreement without evidence
• Not referencing the refusal letter properly
• Omitting key supporting documents
• Delaying submission until removal action is imminent
• Repeating original asylum claim without new material

11. Relationship With Appeals and Judicial Review

Reconsideration is one of several possible remedies:

• Tribunal appeal: primary route where available
• Administrative reconsideration: internal Home Office review
• Judicial review: High Court challenge for unlawful decisions

These routes may overlap depending on procedural status and appeal rights.

Common Questions from our Readers

Is reconsideration the same as an appeal?

No. Reconsideration is an internal Home Office review, not a tribunal hearing.

Can I submit new evidence?

Yes, but it must be relevant and significant to the refusal decision.

Does reconsideration stop removal?

Not automatically. Separate legal steps may be needed to suspend removal.

How long does it take?

There is no fixed timeframe; it depends on case complexity and urgency.

Final Thoughts

Requesting reconsideration of an asylum refusal is an administrative process used to challenge Home Office decisions based on legal errors, factual mistakes, or new evidence. It is a discretionary mechanism and does not replace tribunal appeals, but it can be significant in correcting decisions without litigation.

Effective reconsideration requests are structured, evidence-based, and clearly linked to the reasons for refusal. Prompt action and clear identification of legal or factual issues are essential for improving the chances of a successful outcome.