Podcast Location:
Sorry, this podcast has been removed as it is now out of date
Categories:
Human Rights & Public Law
Immigration and Asylum Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by ILEX:
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Cost:
  • a) £65+VAT for this CPDcast only
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Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at practitioners in public law to give them an update of the recent and important first instance decision in relation to the entitlement of refused asylum seekers to free hospital treatment in the United Kingdom. The podcast is therefore suitable for practitioners of any level of experience and will be of use to practitioners in related fields, such as immigration law.

Outcomes:
After completing the course you will:
  • Understand the key points in the decision R (A) v Secretary of State and West Middlesex University Hospital NHS Trust;
  • Understand the conclusion the judge reached about when an asylum seeker is 'lawfully' present in the UK;
  • Understand the conclusion the judge reached in relation to the meaning of 'ordinary resident';
  • Understand how the House of Lords decision in Szoma impacted on the case;
  • Know the potential impact of the case on other areas of healthcare and on immigrants with different immigration status in the UK.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Practical Guide
Sources and References:
  • NHS Act 1977 s. 121;
  • NHS Act 2006 s. 175;
  • Human Rights Act 1998;
  • European Convention on Human Right Article 3;
  • NHS (Charges to Overseas Visitors) Regulations 1989 SI No 306;
  • R (A) v Secretary of State for Health and West Middlesex University Hospital NHS Trust (Interested Party) [2008] EWCH 855 (Admin), 11 April 2007;
  • Szoma v Secretary of State for the Department of work and Pensions [2005] UKHL 64, 27 October 2005; [2006] 1 AC 564;
  • R(AW0 v Croydon LBC; R (A,D and Y) v Hackney LBC and Secretary of State for the home Department (interested party) [2005] EWCH 2950 (Admin);
  • Shah v Barnet Borough Council [1983] 1 All ER 226.

In this podcast, Adam Hundt talks to us about the recent case, R (A) v Secretary of State and West Middlesex University Hospital NHS Trust which dealt with the issue of whether refused asylum seekers should be entitled to free hospital treatment and whether they are considered 'ordinary resident' and 'lawfully' present in the United Kingdom for the purpose of deciding this. The case was a first instance decision and is being appealed by the Secretary of State to the Court of Appeal.

Podcast Added: 10/10/2008

This course has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.

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