Al-Aaraj v Commissioner of Police, NSW Police Force [2024] NSWCATAD 337

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Al-Aaraj v Commissioner of Police, NSW Police Force [2024] NSWCATAD 337 Hearing dates: 19 February 2024 and 4 March 2024 Date of orders: 11 November 2024 Decision date: 11 November 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: L Rogers, Senior Member Decision: The decision of the Commissioner of Police to refuse Mr Al-Aaraj's application for a Category AB firearms licence is affirmed. Catchwords: ADMINISTRATIVE REVIEW – Firearms Act 1996 – refusal of a Category AB firearms licence – fit and proper person – public interest – convictions for weapons offences – alleged attempted sale of prohibited firearms – false information on firearms licence applications Legislation Cited: Administrative Decisions Review Act 1997 Evidence Act 1995 Firearms Act 1996 Firearms Regulation 2017 Telecommunications (Interception and Access) Act 1979 Weapons Prohibition Act 1998 Cases Cited: AML v Commissioner of Police, NSW Police Force [2013] NSWADT 5 Australian Broadcasting Tribunal v Bond and Ors (1990) 170 CLR 321 Barlow v Commissioner of Police, New South Wales Police Service [2003] NSWADT 254 Briginshaw v Briginshaw (1938) 60 CLR 336 Commissioner of Police v Toleafoa [1999] NSWCATAP 9 Commissioner of Police, New South Wales Police v Mercer [2005] NSWADTAP 55 Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Hughes and Vale Pty Ltd v The State of New South Wales (No 2) (1955) 93 CLR 127 Joseph v NSW Commissioner of Police [2017] NSWCA 31 Martin v Commissioner of Police, New South Police Force [2017] NSWCATAD 97 McDonald v Guardianship and Administration Board [1993] 1 VR 521 Sawires v Commissioner of Police [2010] NSWADT 4 Ward v Commissioner of Police, New South Police Service [2000] NSWADT 28 Webb v Commissioner of Police New South Wales Police [2004] NSWADT 110 Weckert v Commissioner of Police, NSW Police Force [2011] NSWADT 197 Youssef v NSW Legal Services Commissioner [2020] NSWCATOD 85 Category: Principal judgment Parties: Tony Al-Aaraj (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Murphy's Lawyers Inc. (Applicant) Bartier Perry Lawyers (Respondent) File Number(s): 2023/00229225 Publication restriction: None