UK court rules: failed asylum seekers entitled to free health care

A UK high court ruled last week that asylum seekers who have been refused refugee status but legally remain in the UK because they have no safe route home should be granted free health care under the National Health Service (NHS). The ruling overturns a controversial government policy that excludes those awaiting their return from the right to free medical treatment.

The ruling followed a challenge by a failed Palestinian asylum seeker who could not yet be returned due to travel restrictions and who had been refused medical treatment for liver disease. According to British guidelines, issued in 2006, refused asylum seekers to not have the right to free medical care, including treatment for long-term conditions like HIV. The decision in favour of the claimant could affect more than 11,000 asylum seekers who have been refused refugee status but still have to remain in the UK. Human rights organisations that have been advocating against the government’s policy on the issue for years, welcomed the court ruling.

The Department of Health has leave to appeal, but for now all asylum seekers will be entitled to hospital treatment until the case has been finally resolved.

For Refugee Council information on this development click here.