Department of Health is seeking permission from the House of Lords to appeal to the Lords following a judgement handed down on 9th November 2007 by three Judges in the High Court declaring that guidance issued by the Secretary of State in respect of doctors on the Highly skilled migrant visa programme (HSMP) was unlawful and of no effect. The Appeal Courts Judges had also refused DoH the leave to appeal to House of Lords.
Dr. Ramesh Mehta, President Bapio said “It is time that DH opens up a dialogue with bapio and other organisation to find a solution to problem of too many doctors for the available training posts rather than wasting time in the courts”
Dr Satheesh Mathew, Bapio Vice chair projects Said “We are prepared to go to the House of Lords and even to the European court of justice if necessary”.
Dr. Raman Lakshman Bapio vice chair policy said “IMGs have put faith in us and we remain confident that justice will be done”

Mr Buddhdev Pandya MBE, BAPIO's Hon Advisor commented, "In the global market environment, it would be unfortunate if the NHS, one of the largest employers in Europe fails to promote good practice on equality of opportunity that allows equal and fair access to select the best candidates on merits."