High Court rules refused asylum seekers entitled to free NHS treatment

Last week a ruling from the British High Court permitted access to free NHS treatment for people who have had their case for asylum refused while they remain in the UK.

For years failed asylum seekers have been denied free treatment for long-term medical conditions such as HIV. Many faced enforced ill health as the government policy left them destitute and without health care.

Failed asylum seekers are now considered ordinary residents in the eyes of the law.

The ruling states that all asylum seekers granted temporary admission to the UK, regardless of whether that was at the port of entry or later at an immigration office whose claim for asylum was rejected, are entitled to free NHS care until their removal from the UK. People who were refused asylum may be requested to present a form IS96.  

The ruling also covers people who entered the UK on a valid visa and applied for an extension or leave to remain in the UK before the visa expired.

But the ruling excludes certain groups of people. For example it does not cover people who have overstayed their visa and not made an application for asylum, or undocumented migrants.

The ruling was welcomed by the National Aids Trust who urged the government to accept the judgment. The Department of Health has been granted leave to appeal.

The ruling could also have implications for failed asylum seekers who are being pursued for payment for NHS care they have received in the past. Anyone who now qualifies for free NHS care but who paid in the past can claim their money back.

Possibly in an attempt to discourage “health tourism” the judge refused to rule that free access to NHS healthcare is a human right.