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Failed asylum seekers and ordinary/lawful residence; and when to provide treatment for those who are chargeable

  • Document type:
    Dear colleague letter
  • Author:
    David Flory, Director General NHS Finance, Performance & Operation
  • Published date:
    2 April 2009
  • Primary audience:
    Health and social care professionals, Chief executives
  • Publication format:
    A4, electronic only
  • Gateway reference:
  • Pages:
  • Copyright holder:

The Court of Appeal has overturned a High Court ruling that failed asylum seekers can be considered ‘ordinarily resident’ in the UK and thereby entitled to free NHS hospital treatment.  It also found DH guidance unlawful for being unclear when to treat overseas visitors in certain circumstances.

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