UK parents lose court appeal to keep baby on life support

National Court News

The parents of a baby declared brain dead by doctors have lost the latest round of a legal battle in Britain’s courts to keep him on life support.

Britain’s Court of Appeal on Friday rejected an attempt by Karwan Ali and Shokhan Namiq to overturn a High Court order that doctors could stop treating their infant son, Midrar Ali.

The baby was starved of oxygen due to complications at birth, and was born not breathing and without a heartbeat. He has been on a ventilator ever since.

Judges at both courts agreed with doctors that Midrar Ali had experienced “irreversible brain stem death” by Oct. 1, when he was 14 days old. Three appeals judges ruled Friday that doctors could lawfully "cease to mechanically ventilate" the baby.

One of the judges, Andrew McFarlane, said Midrar Ali no longer had a "brain that is recognizable as such." "There is no basis for contemplating that any further tests would result in a different outcome," he said.

The baby's parents, who live in Manchester in northwest England, do not accept that his condition is irreversible and want the courts to consider opinions from foreign experts.

Their lawyer, David Foster, said the couple was considering an appeal to the Supreme Court.

The case is a latest in a series of legal challenges by parents to doctors in Britain’s state-funded National Health Service.

The cases often become flashpoints for debates on the rights of children and parents, the responsibilities of hospitals and the role of the state.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.