Himo v Commissioner of Police

The case of Himo v Commissioner of Police involved an application by the applicant to overturn the decision of the respondent to refuse to grant a firearms licence to the applicant. The applicant, who had a history of domestic violence, had applied for a firearms licence but was refused on the basis that he was not a fit and proper person to hold such a licence. The Federal Court was asked to review this decision under the Administrative Appeals (Judicial Review) Act 1993.

The central legal issue before the court was whether the decision by the respondent was lawful and whether the refusal to grant the firearms licence was justified on the grounds that the applicant was not a fit and proper person. The applicant argued that the decision was not based on proper considerations and that the respondent had failed to take into account relevant mitigating factors. The court had to determine whether the respondent’s decision was legally sound and whether there were any errors of law.

The court found that the decision of the respondent was lawful and that the refusal to grant the firearms licence was justified. The court held that the respondent had properly considered the applicant’s history of domestic violence, his association with known criminals, and his lack of candour in providing information. The court also found that the applicant’s traffic record and false and misleading statements were relevant factors that supported the decision. The court concluded that the decision was not based on any errors of law and that the respondent had acted within his powers in refusing to grant the firearms licence.

The court affirmed the decision under review, and the applicant's application for judicial review was dismissed.