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Refugee Action responds to the Court of Appeal ruling on healthcare for refused asylum seekers

Monday March 30th 2009

The Court of Appeal today overturned a High Court decision that refused asylum seekers who have been in the UK for a long time are ‘ordinarily resident’ and are entitled to free hospital treatment.

However, the court also found that Department of Health guidance in relation to access to healthcare is unlawful and needs to be revised.

Sandy Buchan, chief executive of Refugee Action, said: “We are extremely disappointed that the High Court’s original ruling has been overturned. Some refused asylum seekers remain in the UK for a long period of time because they fear returning to their country, even though they have not been able to gain refugee status.

“Most become destitute and cannot afford medical treatment. If they are not seen at an early stage then treatable illnesses may become life-threatening.

“We do welcome a revision of the Department of Health’s guidance on the interpretation of ‘urgent’ and ‘immediately necessary’ treatment. We hope that the new guidelines will make it clear to hospitals that people who cannot pay and cannot return home at present should be treated free of charge so that their conditions do not become life-threatening.”

ENDS

For more information contact Julia Ravenscroft, Press Officer at Refugee Action, on 0161 233 1956 or 07771 748 159 or on Juliar@refugee-action.org.uk.

Notes:

Refugee Action is an independent, national charity working to enable refugees to build new lives in the UK. We provide practical advice and assistance for newly arrived asylum seekers and support their settlement through community development work. As one of the country’s leading agencies in the field, Refugee Action has 27 years’ experience in pioneering innovative work in partnership with refugees and advised more than 40,000 asylum seekers and refugees last year.