Mikhail v Commissioner of Police

[2022] NSWCATAD 73

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Mikhail v Commissioner of Police [2022] NSWCATAD 73

Hearing dates:

21 December 2021, 24 February 2022

Date of orders:

4 March 2022

Decision date:

04 March 2022

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

Emeritus Prof G D Walker, Senior Member

Decision:

Decision under review affirmed.

Catchwords:

LICENSING – firearms – licence refusal – public interest – juvenile offences – mental health

Legislation Cited:

Administrative Decisions Review Act (NSW)

Civil and Administrative Tribunal Act (NSW)

Firearms Act 1996 (NSW)

Cases Cited:

Briginshaw v Briginshaw (1938) 60 CLR 316;

Bronze Wing International Pty Ltd v SafeWork New South Wales [2017] NSWCA 42;

Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16;

Cusumano v Commissioner of Police, New South Wales Police Service [2001] NSWADT 50;

Director-General Transport New South Wales v AIC (GD) NSWADT [2011] NSWADT AP 6;

Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60;

Hailes v Commissioner of Police, New South Wales Police Force [2022] NSWCATAD 37;

Hook v Commissioner of Police, New South Wales Police Force [2020] NSWCATAD 25;

Jameson v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 250;

Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117;

Kocic v Commissioner of Police, New South Wales Police Force [2014] NSWCA 368;

McDonald v Director-General, Social Services (1984) FCA 57, (1984) 1 FCR 354;

Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 9;

Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 1;

Prevetera v Commissioner of Police [2021] NSWCATAD 133;

Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110.

Category:

Principal judgment

Parties:

George Mikhail (Applicant)
Commissioner of Police (Respondent)

Representation:

Solicitors:
T Tanyous (Applicant)
Bartier Perry (Respondent)

File Number(s):

2021/00234574

Publication restriction:

None

REASONS FOR DECISION

1. The applicant Mr George Mikhail applied to this tribunal on 17 August 2021 seeking a review of a decision by the respondent to refuse to issue a category AB firearms licence to him on the ground that it was not in the public interest that he have a licence, within the meaning of s 11(7) of the Firearms Act 1996.

2. The refusal letter, dated 16 April 2021 (part exhibit R1), noted that on 7 December 2015 at Parramatta’s Children’s Court, the applicant had been found guilty of possessing an unauthorized pistol and of possessing an unauthorized prohibited firearm. No conviction was recorded and the applicant was placed on a bond for 12 months. The items in question were actually toy pistols that had been spray-painted and altered to resemble real firearms.

3. The refusal letter also took into consideration that while in custody on 4 September 2015 the applicant made an admission to suffering from depression. It stated that the Firearms Registry had to be guided by expert advice regarding his soundness of…