El-Chamy PSM v Commissioner of Police, NSW Police Force [2023] NSWCATAD 242

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: El-Chamy PSM v Commissioner of Police, NSW Police Force [2023] NSWCATAD 242 Hearing dates: 5 June 2023 Date of orders: 11 September 2023 Decision date: 11 September 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J D Little, Senior Member Decision: The decision to refuse the Applicant's firearms licence is affirmed. Catchwords: Firearms Act - firearms licence - refusal of licence - contrary to the public interest – fit and proper – domestic circumstances Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Cases Cited: Adams v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 194 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Barlow v Commissioner of Police, New South Wales Police Service [2003] NSWADT 254 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16 Dalziell v Commissioner of Police, NSW Police Force [2018] NSWCATAD 79 Director-General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65 Director of Public Prosecutions v Smith [1991] VicRp 6 El Saadi v Commissioner of Police (No 2) [2021] NSWCATAD 336 Emery v Commissioner of Police [2022] NSWCATAD 122 Hamid v Commissioner of Police, New South Wales Police Force [2018] NSWCATAD 43 Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127 LY v Commissioner of Police, NSW Police [2004] NSWADT 115 Meggit v Commissioner of Police [2022] NSWCATAD 353 Mekhitarian v Commissioner of Police [2021] NSWCATAD 309 Ryan v Commissioner of Police [2021] NSWCATAD 23 Smith v Commissioner of Police, New South Wales Police Force and NSW Fair Trading [2014] NSWCATAD 184 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Tolley v Commissioner of Police [2006] NSWADT 149 Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 Category: Principal judgment Parties: Marwan El-Chamy PSM (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Applicant (Self-represented) Lindsay Taylor Lawyers (Respondent) File Number(s): 2022/00387716 Publication restriction: 1. Except pursuant to the order below, the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released pursuant to s64(1)(c) of the Civil and Administrative Tribunal Act 2013. 2. A copy of these reasons, without redaction, shall be released to the Respondent.