Zarour v Commissioner of Police

The applicant, Zarour, sought to overturn the decision of the respondent, the Commissioner of Police, to refuse his application for a firearms licence. The applicant's application was refused on the grounds of a history of domestic aggression and threats of self-harm, which created a risk to public safety. Zarour argued that the refusal was unreasonable because the disqualifying period had expired, and there was no current risk to public safety. The matter was heard in the Administrative Appeals Tribunal.

The legal issues before the tribunal were whether the decision of the Commissioner was lawful, rational, and based on the relevant considerations. Specifically, the tribunal had to determine whether the expiry of the disqualifying period for an AVO and the absence of any current risk to public safety meant that the decision to refuse the firearms licence was unreasonable. The tribunal also had to consider whether the decision was in the public interest.

The tribunal found that the decision of the Commissioner was lawful, rational, and based on the relevant considerations. The tribunal noted that the applicant had a history of domestic aggression and threats of self-harm, which created a risk to public safety. The tribunal found that the expiry of the disqualifying period for an AVO did not necessarily mean that there was no longer a risk to public safety. The tribunal also found that the decision was in the public interest, as it was necessary to prevent the applicant from obtaining a firearms licence that could potentially cause harm to others. The tribunal affirmed the decision of the Commissioner to refuse the applicant's firearms licence application. The confidentiality orders made 13 April 2022 and 3 May 2022 were also continued.