R (on the application of YA) v Secretary of State for Health

[2009] LS Law Med 282

CIVIL DIVISION

Before: Lord Justice WARD, Lord Justice LLOYD, and Lord Justice RIMER

Judicial review — Entitlement of failed asylum seeker to free treatment under National Health Service — National Health Service Act 2006 — Whether failed asylum seeker ordinarily resident or lawfully resident in United Kingdom so as to be exempt from charges for treatment — Whether NHS Trusts have discretion to withhold treatment from such persons — Lawfulness of guidance given by Secretary of State for Health as to treatment and charging of overseas visitors