McKenzie and Civil Aviation Safety Authority

Mr McKenzie applied to the Administrative Appeals Tribunal for a stay of a decision by the Civil Aviation Safety Authority (CASA) to suspend his class 2 medical certificate. The suspension was related to a dural arteriovenous fistula and a subsequent neurological procedure.

The Tribunal was required to determine whether to grant a stay of CASA's decision, considering the applicant's prospects of success, any hardship that might result from refusing a stay, and the public interest in air safety. The Tribunal also noted that while the suspension decision was reviewable, CASA's direction for Mr McKenzie to submit to a medical examination was not.

The Tribunal reasoned that Mr McKenzie's prospects of success were uncertain, despite a recent CT scan report suggesting no residual dural fistula. The Tribunal found that refusing a stay would not cause Mr McKenzie hardship or render the hearing nugatory. Crucially, the Tribunal considered there to be real questions of public safety involved, and that the utility of a stay was limited.

Consequently, the Tribunal refused the application to stay the decision under review.