Hijazi v Commissioner of Police, NSW Police

The applicant, Mr. Hijazi, sought judicial review of a decision made by the respondent, the Commissioner of Police for New South Wales Police, to revoke his firearms licence. The matter was heard in the Civil and Administrative Tribunal of New South Wales. The dispute centred around the revocation of Mr. Hijazi's firearms licences, specifically categories G, A, B, and H. The Commissioner argued that Mr. Hijazi was unfit to hold the licences due to his criminal history and behaviour.

The primary legal issues before the tribunal were whether the Commissioner's decision to revoke Mr. Hijazi's firearms licences was lawful and whether the tribunal had the jurisdiction to review the decision. The applicant argued that the decision was unreasonable and not supported by the evidence. The respondent contended that the revocation was justified based on the applicant's criminal record and the potential risk he posed to public safety.

In its decision, the tribunal found that the Commissioner had the authority to revoke Mr. Hijazi's category G firearms licence as it was based on the applicant's criminal history and the risk he presented. However, the tribunal determined that the revocation of the other categories of firearms licences (A, B, and H) was not supported by the evidence and was therefore unlawful. The tribunal held that the Commissioner's decision to revoke these licences was unreasonable as there was no evidence to suggest that Mr. Hijazi posed a risk to public safety in relation to those categories. The revocation of the category G firearms licence was affirmed, while the revocation of categories A, B, and H was set aside.

The tribunal ordered that the revocation of Mr. Hijazi's category G firearms licence be affirmed, while the revocation of categories A, B, and H be set aside. The applicant was granted permission to appeal the decision to the Supreme Court of New South Wales.