Hijazi v Commissioner of Police, NSW Police Force [2015] NSWCATAD 252

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hijazi v Commissioner of Police, NSW Police Force [2015] NSWCATAD 252 Hearing dates: Determined on the papers Date of orders: 03 December 2015 Decision date: 03 December 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Frost, Senior Member Decision: The respondent's decision to revoke the applicant's category A, B and H firearms licences is affirmed. Catchwords: ADMINISTRATIVE LAW – Civil and Administrative Tribunal – firearms licensing – contraventions of the legislation – poor driving record Legislation Cited: Firearms Act 1996 (NSW) Firearms Regulation 2006 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Hijazi v Commissioner of Police, NSW Police Force [2014] NSWCATAD 148 Hijazi v Commissioner of Police, NSW Police [2015] NSWCATAP 82 Category: Principal judgment Parties: Ahmad Hijazi (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Barakat Lawyers (Applicant) Bartier Perry (Respondent) File Number(s): 1510312

Reasons for decision

Introduction 1. The respondent Commissioner revoked the applicant's firearms licences in September 2013. The applicant applied to the Tribunal for review of the Commissioner's decision. At first instance the Tribunal set aside the Commissioner's decision to revoke the applicant's category A, B and H firearms licences, but affirmed the Commissioner's decision in respect of the applicant's category G (firearms collector) licence: Hijazi v Commissioner of Police, NSW Police Force [2014] NSWCATAD 148. 2. The Commissioner appealed against the decision in relation to the category A, B and H licences. The Appeal Panel upheld the Commissioner's appeal and remitted the matter to the Tribunal for reconsideration: Hijazi v Commissioner of Police, NSW Police [2015] NSWCATAP 82.