New UK Asylum Rules: What Disclosure Powers Mean for Applicants

Individuals in need of protection are often at risk of intensified persecution if their country of origin is made aware that they have made a claim for international protection. It is seen in some countries as traitorous conduct and can also lead to the persecution of close associates or family members who remain in that country of origin.

Notwithstanding that, the Secretary of State has changed the Immigration Rules. The Home Office can now disclose the fact that an asylum application has been made.

On 5 March 2026, the Secretary of State’s Statement of Changes to the Immigration Rules included “disclosure of information relating to asylum claims when cases are subject to public interest”.

Paragraph 339IA of the Immigration Rules now says:

“Notwithstanding any procedure in this Rule, the Secretary of State may disclose the fact that an asylum application has been made if there is a public interest in doing so.”

The Secretary of State is acutely aware of the risk that such disclosure poses. The current Home Office guidance on ‘Disclosure and Confidentiality of Information in Asylum Claims’ dated 26 August 2022 (which we anticipate will be updated imminently) currently says as much:

“When asylum claims are made, the claimant is informed that we may share certain information but that their own country, from whom they are claiming they are fleeing persecution from, will not be informed about their asylum claim and no information will be shared that would put them or their family at risk.”

It has always been important to make representations to the Home Office emphasising the need for confidentiality in protection claims, often with accompanying expert evidence demonstrating the likely treatment that would ensue if a particular country of origin were to be informed that such a claim had been made. Such representations and evidence are now crucial considering the abovementioned changes.