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Interference with a person's rights or constitutional principles (including the rule of law)

  • A decision that interferes with a person’s rights or violates the rule of law (i.e. principles including the accessibility of law, accountability, certainty, consistency, equality before the law and a right to a fair trial) may be considered unreasonable (R (Yumsak) v Enfield London Borough Council [2002] EWHC 280).  For example, a failure to notify an applicant of a decision may render that decision unreasonable. This is because the failure to notify would contravene the need for legal certainty (i.e. the applicant would not be aware of the legal requirements with which they have to comply) and the right to a fair trial (i.e. the decision could not be challenged if the applicant was unaware of it) (R (on the application of Anufrijeva) v Secretary of State for the Home Department [2003] UKHL 36).

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