Mekhitarian v Commissioner of Police

The case of Mekhitarian v Commissioner of Police was heard by the Federal Court of Australia. The applicant, Mr Mekhitarian, sought judicial review of a decision by the Commissioner of Police to refuse him a firearms licence. The refusal was based on Mr Mekhitarian's domestic circumstances, specifically his relationship with a woman who had a history of domestic violence. The court was required to determine whether the Commissioner's decision was legally sound and whether it took into account all relevant considerations, including the public interest.

The primary legal issue before the court was whether the Commissioner had correctly applied the relevant statutory provisions and whether the decision was rationally based on the evidence. The court considered whether the Commissioner had properly weighed the potential risks to the public posed by Mr Mekhitarian's domestic situation against his right to possess a firearm. The applicant argued that the Commissioner had not adequately considered the nature of his relationship and had placed undue emphasis on the woman's past behaviour.

In its reasoning, the court found that the Commissioner had not given sufficient weight to the applicant's version of events and had failed to consider all relevant factors. The court held that the Commissioner's decision was not rationally based on the evidence and that there was an error in the weighing of the public interest considerations. The court concluded that the Commissioner had not properly exercised his discretion and that the decision to refuse the firearms licence was flawed. As a result, the court set aside the decision under review and remitted the matter back to the Commissioner for reconsideration in light of the court's findings.