Khan v Commissioner of Police [2022] NSWCATAD 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Khan v Commissioner of Police [2022] NSWCATAD 20 Hearing dates: 23 November 2021 Date of orders: 14 January 2022 Decision date: 14 January 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: N Nicholls, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW - Firearms Act – issue of Category H licence Legislation Cited: Administrative Decisions Review Act 1997. Sections 58, 63. Firearms Act 1996. Sections 3, 11, 16, 75 Cases Cited: ABT v Bond (1990) 170 CLR 321 EMB v Commissioner of Police [2020] NSW CATAD 255 Joseph v Commissioner of Police, NSW Police Force [2017] NSWCAT 31 MIAC v Li (2013) 24 CLR 332 MIBP v SZVFW (2018) 357 ALR 408 MIMIA v Yusef (2001) 206 CLR 323 Category: Principal judgment Parties: Billal Amjad Khan (Applicant) Commissioner of Police (Respondent) Representation: Counsel: E. Thompson (Applicant)

Solicitors: Armstrong Legal (Applicant) Bartier Perry (Respondent) File Number(s): 2021/00214081

REASONS FOR DECISION

INTRODUCTION. 1. On 26 July 2021 Mr. Billal Amjad Khan ("the applicant") made an application to this Tribunal, pursuant to section 75(1)(a) of the Firearms Act 1996 ("the Act"), seeking review of the decision made on 20 June 2020 by a delegate of the NSW Commissioner of Police ("the respondent", "the Commissioner") that the applicant's application for a Category H firearms licence be refused.