Indian doctors await ruling in House of Lords tomorrow

The guidance, which adversely affected thousands of non-Eu doctors court by the British Association of Physicians of Indian Origin (BAPIO) last year.

The Department of Health, however, appealed against quashing of its order by the court in the House of Lords.

The Indian and other non-EU doctors affected by the April 2006 changes were allowed to compete for jobs in the National health Service after the court ruling, but await a final verdict in the House of Lords.

After several hearings from the Department of Health and BAPIO, the ruling is scheduled to be delivered tomorrow.

BAPIO argued during a recent hearing that it agreed with the department’s argument about a surplus in UK and EU-trained doctors, but the guidance should not be applied retrospectively.

The BAPIO team recalled a recent ruling by the House of Lords and Commons Joint Committee on Human Rights, against retrospective application of the immigration rules.

“The Committee concludes that the changes to the HSMP are clearly not compatible with the right to respect for home and family life under Article 8 ECHR (European Convention of Human Rights)and contrary to basic notions of fairness,” the committee said.

The committee recommended that the changes to immigration rules in April 2006 “should be amended so that the changes apply only prospectively, that is to future applicants to the HSMP, and that those already granted leave to remain under HSMP when the relevant changes took effect should be treated according to the rules which applied before those changes”.

BAPIO said it was hopeful that the House of Lords would uphold the high court earlier ruling quashing the April 2006 changes.