Kristi Riedel appeared for the respondent, instructed by Litigation, Investigations and Enforcement Branch, Civil Aviation Safety Authority.
This case involved an appeal of a decision of the Administrative Review Tribunal, which affirmed a decision of the Civil Aviation Safety Authority (CASA) to refuse to issue the applicant a medical certificate. The applicant contended that the Second Tribunal erred in construing reg 11.055(1A)(e) of the Civil Aviation Safety Regulations 1998 (Cth) as conferring an “unfettered discretion” and as enabling the matters that may be considered as having an adverse effect upon the safety of navigation to extend beyond matters as to “fitness and propriety”. The Court considered the interaction between reg 11.055 and reg 67.180, and the specific construction of reg 11.055. It was held that the appeal be dismissed, with no order as to costs made.
The judgment can be read by clicking here
