Hijazi v Commissioner of Police, NSW Police Force [2015] NSWCATAP 82

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hijazi v Commissioner of Police, NSW Police Force [2015] NSWCATAP 82 Hearing dates: 16 March 2015 Date of orders: 07 May 2015 Decision date: 07 May 2015 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President P Molony, Senior Member Decision: The decision of the Tribunal to set aside the Commissioner's decision to revoke the appellant's category A, B and H firearms licences is set aside. The decision is to be reconsidered by the Tribunal in accordance with the following direction: The Tribunal should determine whether to set aside the Commissioner's decision taking into account the matters that it took into account in the decision as well as each of the statutory contraventions whether those contraventions relate to the category A, B and H licences or not. Catchwords: ADMINISTRATIVE LAW – merits review -– revocation of firearms licences – meaning of public interest ground – relationship between public interest ground and other grounds for revocation – adequacy of reasons – whether considering revocation on grounds of fitness instead of public interest was a material error - effect of mistakes of fact Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2006 (NSW) Security Industry Act 1997 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Absolon v NSW TAFE [1999] NSWCA 311 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police [2013] NSWADT AP 16 Hannaford v Commonwealth Bank of Australia [2014] NSWCA 297 House v Defence Force Retirement and Death Benefits Authority (2011) 193 FCR 112 House v The King [1936] HCA 40; (1936) 55 CLR 499 Kocic v Commissioner of Police NSW Police Force [2014] NSWCA 368 Lynch v Commissioner of Police New South Wales Police [2006] NSWADTAP 43 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 O'Sullivan v Farrer (1989) 168 CLR 210 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Ward v Commissioner of Police [2000] NSWADT 28 Category: Principal judgment Parties: Ahmad Hijazi (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: Barakat Lawyers (solicitors for Appellant) H El Hage (counsel for Respondent) File Number(s): 14/50560 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2014] NSWCATAD 148 Date of Decision: 19 September 2014 Before: S Frost, Senior Member File Number(s): 1410010