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

National Health Service – England. The claimant unsuccessful asylum seeker sought judicial review of provisions of the National Health Services (Charges to Overseas Visitors) Regulations 2001, SI 2011/1556, on the basis that they gave rise to unlawful disability discrimination and had breached the public sector equality duty. The Administrative Court held that the Regulations had not failed the test of being manifestly without reasonable foundation, as the Secretary of State had justified the discrimination. However, the Secretary of State had not had due regard to the need to promote equality of opportunity for disabled people.

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