What is the current DH position on eligibility of asylum seekers to NHS primary care?
A. Asylum seekers who have been granted amnesty in the UK or who are waiting for their case to be considered are ‘ordinarily resident’ in the UK and are eligible for primary and secondary care. Following a judicial review in April 2008 failed asylum seekers can now also be considered ‘ordinarily resident’ and entitled to free treatment NHS hospital treatment. Registration of refused asylum seekers for primary care is at the discretion of the practice in the same way as for any other patient, but they must not discriminate on grounds of race, gender, social class, age, religion, sexual orientation, appearance, disability or medical condition. For further guidance please see Access to care for asylum seekers and refused asylum seekers from the BMA ethics department.
