Atoui v Commissioner of Police, NSW Police Force [2023] NSWCATAD 182

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Atoui v Commissioner of Police, NSW Police Force [2023] NSWCATAD 182 Hearing dates: 28 March 2023 Date of orders: 17 July 2023 Decision date: 17 July 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The decision under review is set aside. 2. The application for a category AB firearms licence is granted on condition that the Applicant provides the Respondent with evidence to substantiate that he has a genuine reason for possessing or using firearms. Catchwords: Administrative Law – firearms licence – refusal of licence application – whether in the public interest to hold a licence Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Firearms Act 1996 Cases Cited: Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Commissioner of Police, NSW Police Force v Lee [2016] NSWCATAP 234 Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16 Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89 Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117 McDonald v Director-General of Social Security (1984) 1 FCR 354 Minister for Immigration and Citizenship v Li [2013] 297 ALR 225 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28 Shi v Migration Agents Registration Authority [2008] HCA 31. Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 Category: Principal judgment Parties: Hassan Atoui (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: One Group Legal (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2022/00261789 Publication restriction: Nil