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Windrush: legal challenge over man’s cancer treatment costs

HIGH COURT: The man, known only as MP, has brought a legal challenge against the government

A MEMBER of the Windrush Generation has brought a high court challenge against the government after he was forced to pay for his cancer treatment.

The man, who is known only as MP, has a incurable blood cancer that required treatment in the form of chemotherapy and a stem cell transplant.

MP, who is in his late 50s, came to the UK from St Lucia with his family aged 14. He has resided and worked in the UK for 40 years.

Because he was denied leave to remain in the UK at the time he was diagnosed with cancer in 2015, MP was asked to pay thousands of pounds for his cancer treatment upfront.

He was initially refused treatment because he was unable to pay but it was later resumed after his lawyers got in touch with the London hospital trust where MP is a patient.

MP is petitioning the High Court to quash regulations that require NHS bodies to obtain payment from overseas citizens before treatment is given and to record patients’ immigration status alongside their NHS number.

Jason Coppel QC, who is representing MP, said the regulations have a “direct impact upon the most vulnerable individuals who will find it particularly difficult to pay for healthcare in advance and in full”.

He added: "They target people who may be concerned that their immigration status will be recorded and passed to the immigration authorities when they seek access to healthcare."

Lawyers representing the health and social care secretary refute MP’s case and claim it is unfounded and should be dismissed.

The lawyers for MP, who has served time in prison for numerous serious crimes, say that he did not retain any immigration documents and that the Home Office “appears to have failed to keep any records” on him.

MP is also challenging the Home Office’s decision over his immigration status in separate legal proceedings that his legal representatives have said he is “likely” to win.

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