Oshana v Commissioner of Police [2022] NSWCATAD 186

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Oshana v Commissioner of Police [2022] NSWCATAD 186 Hearing dates: 18 February 2022 Date of orders: 5 June 2022 Decision date: 07 June 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: L Rogers, Senior Member Decision: The decision to refuse to grant Mr Oshana a Category AB firearm licence is affirmed. Catchwords: ADMINISTRATIVE REVIEW – Firearms Act 1996 – Application for Category AB firearms licence – fit and proper person – offence involving violence in 2009 – truthfulness in evidence before the Tribunal and genuine remorse Legislation Cited: Administrative Decisions Review Act 1997 Firearms Act 1996 Firearms Regulation 2017 Public Health (COVID-19 Greater Sydney) Order (No 2) 2021 Public Health (COVID-19 Temporary Movement and Gathering Restrictions) Amendment (No 13) Order 2021 Cases Cited: AML v Commissioner of Police, NSW Police Force 2013 NSWADT 5 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Lee v Commissioner of Police [2021] NSWCATAD 169 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Pendrick v Commissioner of Police, NSW Police Force (No 2) [2022] NSWCATAD 27 Petricevic v Commissioner of Police, NSW Police Force [2022] NSWCATAD 24 Romanos v Commissioner of Police, New South Wales Police Force 2019 NSWCATAD 272 Ward v Commissioner of Police, New South Wales Police Service 2000 NSWADT 28 Texts Cited: Nil Category: Principal judgment Parties: Edward Oshana (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Hartmann and Associates (Applicant) Makinson d'Apice Lawyers (Respondent) File Number(s): 2021/00310717 Publication restriction: Nil