Pudniks and Civil Aviation Safety Authority

The applicant, Pudniks, sought review of a decision by the Civil Aviation Safety Authority (CASA). The dispute concerned whether CASA had made a "reviewable decision" within the meaning of the *Administrative Appeals Tribunal Act 1975* (Cth) in relation to the applicant's activities. The matter came before Deputy President B W Rayment of the Administrative Appeals Tribunal.

The central legal issue before the Tribunal was whether CASA had made a decision that was capable of being reviewed by the Tribunal. Specifically, the Tribunal had to determine if CASA had refused to grant, or had failed to grant, a permission, permit, or licence under Part 149 of the *Civil Aviation Safety Regulations 1998* (Cth).

Deputy President Rayment reasoned that the Tribunal's jurisdiction to review decisions of CASA was confined to those specified in the relevant legislation. In this instance, the Tribunal's jurisdiction was limited to reviewing decisions that constituted a refusal to grant, or a failure to grant, a permission, permit, or licence under Part 149 of the *Civil Aviation Safety Regulations 1998*. As the Tribunal found that no such refusal or failure had occurred, it concluded that it lacked jurisdiction to entertain the application.

Consequently, the Tribunal made an order dismissing the application for review for want of jurisdiction.