ERA, R (On the Application Of) v Basildon And Thurrock Hospitals NHS Foundation Trust (Rev 1)

ERA, R (On the Application Of) v Basildon And Thurrock Hospitals NHS Foundation Trust (Rev 1)

Regulation 15(b) does not exempt overseas visitors from NHS charges where their application for leave to remain is based solely on medical grounds and article 3 ECHR; the exemption applies only to classic asylum, humanitarian, or temporary protection claims as defined under the immigration rules.

Parties
Claimant: ERA; First Defendant: Basildon And Thurrock Hospitals NHS Foundation Trust; Second Defendant: Southend University Hospitals NHS Foundation Trust; Intervenor: Secretary of State for Health and Social Care
Jurisdiction
England and Wales
Judgment Date
16 May 2019
Procedural Posture
Judicial Review / Substantive Hearing After Expedited Rolled Up Permission
Outcome
Claim dismissed after permission granted
Legal Topics
NHS Charging for Overseas Visitors, Asylum Applications, Exemption From NHS Charges, Interpretation of Immigration Rules
Health Law Immigration Law Administrative Law NHS Charging for Overseas Visitors Asylum Applications Exemption From NHS Charges Interpretation of Immigration Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

ERA

Claimant

Basildon And Thurrock Hospitals NHS Foundation Trust

First Defendant

Southend University Hospitals NHS Foundation Trust

Second Defendant

Secretary of State for Health and Social Care

Intervenor

Procedural Posture

Judicial Review / Substantive Hearing After Expedited Rolled Up Permission

Legal Issues

  1. 1 Whether an overseas visitor who has made an undetermined application for asylum under the immigration rules is exempt from NHS charges for medical treatment
  2. 2 Interpretation of 'asylum' under regulation 15(b) of the National Health Service (Charges to Overseas Visitors) Regulations 2015

Ratio Decidendi

Regulation 15(b) does not exempt overseas visitors from NHS charges where their application for leave to remain is based solely on medical grounds and article 3 ECHR; the exemption applies only to classic asylum, humanitarian, or temporary protection claims as defined under the immigration rules.

Court Disposition

Claim dismissed after permission granted

Orders

  • Permission for judicial review granted
  • Substantive claim dismissed