1 User Commentary
30 August 2011
Provision of free health care to failed asylum seekers
The Court of Appeal handed down judgment in the matter of R (A) v Secretary of State for Health 02/04/2009 Times Law Reports on 30th March 2009. The case turned on the entitlement of failed asylum seekers to free NHS treatment under the National Health Service Act 2006 c. 41 and the National Health Service (Charges to Overseas Visitors) Regulations 1989 SI 1989/306. The court found that a failed asylum seeker could not be said to be ordinarily resident and also could not be considered to be lawfully resident. However, the court found that each health trust had a discretionary right to treat the failed asylum seeker if they deemed it appropriate.
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