The new rule upheld by London High
Court on Feb 2007 to cancel the Immigration Regulations that came
into force on April 13, 2006, has taken aback all doctors of Indian
origin by surprise. The court has brought some major changes in
the existing immigration rules that made it difficult for them
to gain employment in Britain’s National Health Service.
According to the new rule, it has been made mandatory for doctors
from outside the European Union to get a work permit to gain employment
in the NHS. This has forced 15,000 doctors training in the UK
to leave the country and throw their career on the path that goes
no where.
However, some voluntary organizations like the British Association
of Physicians of Indian Origin (BAPIO) have come
for the help of overseas doctors. It had initiated legal action
against the Department of Health, seeking a judicial review. As
such, there is o obligation on the government departments to consult
BAPIO or other interested parties prior to bring about any change
to the Immigration Rules, though it did say that the Secretary
of State for Home had been unsuccessful in carrying out a Race
equality Impact assessment before making changes to the existing
Immigration Rules.
The verdict has not offered any relief to thousands of international
medical graduates who have been left in jeopardy. It surprises
the organization to see the court not to get agree with them that
the Department of Health Guidance misrepresents the effect of
the Immigration Rules and it is an illegal endeavor to make modifications
in the rules, in so avoiding the requirements of Section 3(2)
of the Immigration Act 1971, says Ramesh Mehta, President of BAPIO.
The rule released by the London Court ruled out any chance of
employment for overseas doctors. The employment situation for
Indian doctors has become very difficult, with thousands of them
unemployed and reduced to living in miserable conditions and availing
themselves of free food served in temples and gurdwaras in London
and other parts of Britain.
