Ayshan v Commissioner of Police, New South Wales Police Force [2023] NSWCATAD 174

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ayshan v Commissioner of Police, New South Wales Police Force [2023] NSWCATAD 174 Hearing dates: 13 March 2023 Date of orders: 4 July 2023 Decision date: 04 July 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: 1. Time to lodge the administrative review is extended pursuant to s 41 of the Civil and Administrative Tribunal Act 2013 (the NCAT Act), until 31 January 2022. 2. The decision to refuse the Applicant's Category AB Firearms Licence application is affirmed. 3. Pursuant to s 49 of the NCAT Act, the hearing of the application in the substantive proceedings be conducted in the absence of the applicant in the substantive proceedings, the legal representatives for the applicant in the substantive proceedings, and the public, insofar as it relates to the Confidential Material described in the Confidential Statement. 4. Pursuant to s 64(1)(c) of the NCAT Act, the publication of the Confidential Material and confidential exhibit CR1, or matters contained in the Confidential Material and confidential exhibit CR1 is prohibited. 5. Pursuant to s 64(1)(d) of the NCAT Act, the disclosure of the Confidential Material and confidential exhibit CR1, or matters contained in the Confidential Material and confidential exhibit CR1, is restricted to the Commissioner, the legal representatives for the Commissioner and the Tribunal. 6. Pursuant to ss 64(1)(b), 64(1)(c) and 64(1)(d) of the NCAT Act, the publication and recording of the confidential hearing of these preliminary proceedings, including confidential exhibit CR1 and any evidence given during the confidential portion of the hearing, is prohibited, and the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released to the applicant Catchwords: ADMINISTRATIVE LAW - Firearms –– objects of legislation – public interest – public safety – confidential evidence - unfairness. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11 Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Commissioner of Police, NSW Police Force v Lee [2016] NSWCATAP 234 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police NSW Police Force [ Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 Kassem v Commissioner of Police [2022] NSWCATAD 213 Livadaru v Commissioner of Police [2008] NSWADT 160 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Rose v Commissioner of Police (No 2) [2022] NSWCATAD 26 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69, Tannous v Commissioner of Police [2011] NSWADT 116 Tobororovski v Commissioner of Police [2019] NSWCATAD 192 Webb v Commissioner of Police, New South Wales Police [2004] NSWADT 110 Texts Cited: Nil Category: Principal judgment Parties: Mohammed Khalil Ayshan (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Mainstone Lawyers (Applicant) Maddocks Lawyers (Respondent) File Number(s): 2022/00028120 Publication restriction: Pursuant to s 64 (1) (b), 64 (1) (c ) and 64 (1) (d) of the Civil and Administrative Tribunal Act 2013, the publication and release of the material in those paragraphs marked '[Not for publication]' are not to be published or released to any person other than the respondent or their representative.