W & Ors, R (On the Application Of) v Secretary of State for the Home Department
2014
ADMINISTRATIVE COURT
UK
CORAM
- Mr. JUSTICE SILBER
Areas of Law
- Human Rights Law
- Immigration Law
- Health Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The case concerns the legality of an immigration sanction regime for non-residents with unpaid NHS debts. The Claimants challenged the power of NHS bodies and the Secretary of State to share limited patient information with the Home Office and argued that the Guidance unlawfully mandated this data sharing. The court upheld the powers of NHS bodies and the Secretary of State to share the information and ruled that the Guidance did not unlawfully fetter discretion.
Judgment
Mr. JUSTICE SILBER:
I. Introduction
On 31 October 2011, the Immigration Rules (HC385) (“the Rules”) were amended so as to insert an immigration sanction which could be imposed on some people not resident in the United Kingdom seeking to enter or to remain in the United Kingdom, who had unpaid NHS debts of at least £1000, but which were not incurred for accident and emergency services There are certain categories of overseas visitors who cannot be charged for any hospital treatment and they include refugees, children in care and persons believed to be victims of human trafficking. So the immigration sanction cannot be imposed on them. , family planning services and the treatment of illnesses/infections with public health implications. The immigration sanctions that can be imposed on those non-residents on account of that indebtedness are that their applications for entry clearance, leave to enter the United Kingdom as well as for leave to remain would then “normally” be refused. See Paragraph 20(iii) below for the meaning of “accident and emergency services” which covers such services, “whether provided at a hospital accident and emergency department, a minor injuries unit, a walk-in centre or elsewhere, but not including any services provided (i) after the overseas visitor has been accepted as an in-patient; or (ii) as an out patient appointment”.
There is no challenge to the legality of the regime, because the challenge of the claimants now relates to the way in which certain specified limited items of information relating to the non-resident patient (“the specified limited information”) is transmitted by the NHS trusts and the NHS foundation trusts (which I will refer to collectively as “the NHS bodies”), which had provided the medical services, to the Secretary of State for Health (“the Secretary of State”) who then passes it on to the Home Office , which would then, “normally” impose an immigration sanction on the person seeking to enter or to remain in the United Kingdom who had those unpaid debts. The specified limited information comprises the name and date of birth of the patient and where available his or her address, nationality and travel document number with expiry dates as well as the amount and date of the debt and the NHS trust to which it is owed. It is said not to be more intrusive than the information which NHS bodies would pass to the debt collection agencies which they use. The Secretary of State for the Home Department dis