A sought judicial review of the decision of the defendants not to provide him with free medical care. The defendants had relied on National Guidance. He was an asylum applicant with temporary admission but claimed that he was ordinarily resident in the UK.
Held: The review was successful. It was not correct to say that somebody could not become ordinarily resident here because their asylum application had been turned down.
Judges:
Mitting J
Citations:
[2008] EWHC 855 (Admin), Times 11-May-2008
Links:
Statutes:
National Health Service (Charges to Overseas Visitors) Regulations 1989 (SI/1989/306)
Citing:
Still good law – North West Lancashire Health Authority v A D and G CA 29-Jul-1999
A decision not to fund gender re-assignment surgery was operated as a blanket policy without proper regard for individual cases and so was unlawful as an effective fetter on the discretion which the Health Authority was obliged to exercise. A lawful . .
Cited by:
Cited – AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening Admn 25-May-2010
The claimant, a male to female transsexual, challenged a decision by the respondent to refuse breast augmentation treatment. The Trust had a policy ‘GRS is a Low Priority treatment due to the limited evidence of clinical effectiveness and is not . .
Lists of cited by and citing cases may be incomplete.
Health
Updated: 14 July 2022; Ref: scu.267084
