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Asylum seekers ban unlawful

11th April 2008

Mr Justice Mitting, a High Court judge, has ruled that a ban on asylum seekers being given free NHS treatment is "unlawful".

His ruling could affect 11,000 asylum seekers who are being sent back to the place they sought asylum from. Seekers are termed "ordinarily resident" when they have been unable to return home for a period of over six months. The judge stated that the current ban was not lawful because  the qualification of "ordinarily resident" was not "restricted in time" and authorities could decide who could and could not be defined as "ordinarily resident". 

 

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