Failed asylum seekers are denied health care

On 30 March 2009, the UK Asylum Appeals Court ruled in its judgment that failed asylum seekers with chronic illnesses were not entitled to free health care under the National Health Service (NHS). The test case was brought by a 35-year-old Palestinian man with a chronic liver disease who was initially refused free treatment to prevent liver failure.

The Court held that the patient must have resided lawfully in the UK for at least a year to receive free health service treatment but hospitals have the discretion to provide free treatment to such individuals if they cannot afford it.

In response to today's Appeal Court ruling that it may be unlawful to deny refused asylum seekers life saving treatment if they are unable to return home, Donna Covey, Chief Executive of the Refugee Council said: "It cannot be right to deny vulnerable asylum seekers life saving treatment simply because they are unable to pay for it, and we hope that this ruling will offer extra protection to those who are very sick and vulnerable. However, we remain concerned that a charging regime for refused asylum seekers still exists at all. Almost all asylum seekers arrive in the UK with nothing, and a great many of those who are refused but who can't go home straight away end up homeless and destitute. To refuse treatment to those people simply because they cannot pay for it is appalling and inhumane. The government has been due to publish a review to the charging regulations for some time. We urge them to reconsider the rules in light of the judgment and all the other evidence of the inhumanity of the charging regime and let asylum seekers access treatment at least until they are able to go home."

 

Sources:

- Supreme Court, Court of Appeal (Civil Division) 'YA and Secretary of State for Health'

- UK Refugee Council 'Response to appeal court ruling on charging asylum seekers for hospital treatment'

- Guardian 'Failed asylum seekers not entitled to free NHS treatment'

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