Day v Comm AFP

The case of *Day v Commissioner of Police, Australian Federal Police* concerned an application for judicial review brought by Mr. Day against the Commissioner of Police, Australian Federal Police. Mr. Day sought to challenge the lawfulness of a decision made by the Commissioner to refuse his application for a firearms licence. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Commissioner's decision to refuse Mr. Day's application for a firearms licence was vitiated by an error of law, specifically an error in the interpretation and application of the relevant legislative provisions governing the grant of such licences. The court was required to consider the scope of the Commissioner's discretion and the criteria that must be satisfied for a licence to be granted.

In their joint reasons, Gleeson CJ and Hayne J determined that the Commissioner had erred in law by failing to properly consider all relevant factors and by applying an incorrect legal test when assessing Mr. Day's application. The court found that the Commissioner had placed undue weight on certain considerations while overlooking others mandated by the governing legislation. The principles applied centred on the proper construction of statutory discretion and the requirement for administrative decision-makers to act in accordance with the law and to afford procedural fairness. The High Court accordingly allowed Mr. Day's appeal and remitted the matter to the Commissioner for reconsideration according to law.