ERA, R (On the Application Of) v Basildon And Thurrock Hospitals NHS Foundation Trust (Rev 1) [2019] EWHC 1249 (Admin) (16 May 2019)

ERA, R (On the Application Of) v Basildon And Thurrock Hospitals NHS Foundation Trust (Rev 1) [2019] EWHC 1249 (Admin) (16 May 2019)

Regulation 15(b) of the 2015 Regulations does not exempt overseas visitors from NHS charges where their application for leave to remain is based solely on medical grounds and inadequate facilities in their home state; 'asylum' in this context refers to classic refugee claims and does not encompass medical cases excluded from the Qualification Directive.

Citation
[2019] EWHC 1249 (Admin)
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 Following Expedited Rolled Up Hearing
Outcome
Claim dismissed after permission granted
Legal Topics
NHS Charging Regime, Asylum Applications, Exemption From NHS Charges, Interpretation of Immigration Rules
Health Law Immigration Law Administrative Law NHS Charging Regime Asylum Applications Exemption From NHS Charges Interpretation of Immigration Rules

Case Brief

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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 Following Expedited Rolled Up Hearing

Legal Issues

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

Ratio Decidendi

Regulation 15(b) of the 2015 Regulations does not exempt overseas visitors from NHS charges where their application for leave to remain is based solely on medical grounds and inadequate facilities in their home state; 'asylum' in this context refers to classic refugee claims and does not encompass medical cases excluded from the Qualification Directive.

Court Disposition

Claim dismissed after permission granted

Orders

  • Permission to proceed granted
  • Claim dismissed