The Board of Immigration Appeals (BIA) determined that where an applicant files two applications for asylum - one before the effective date of the REAL ID Act and one after the effective date - the later filing controls for determining whether the provisions of the REAL ID Act apply to the applicant.  A second filing will be considered a new application, as opposed to a supplement, if it is premised on a previously unraised basis for relief (i.e. fear of persecution based on a different protected ground) or if it is predicated on a new factual basis.  Similarly, the date of the later-filed application controls for determining whether an applicant has met the one-year filing deadline for asylum if the first application is found to be fraudulent.  The BIA also used broad language suggesting that even if the first application was not fraudulent, the date of filing of the second application would control for the filing deadline.  Specifically, the BIA stated that    "[t]he date the second asylum application was filed is controlling in determining the timeliness of the respondent's application for relief."

The full text of Matter of M-A-F- can be found here: