Robey and Civil Aviation Safety Authority

The Administrative Appeals Tribunal (AAT) considered an application by Mr Robey for a conditional Class 2 medical certificate. Mr Robey had a history of seizures, including one that occurred during a flight. Despite being seizure-free for seven years and off medication for thirteen months, the AAT was required to determine whether there was a likelihood of Mr Robey becoming incapacitated during flight and whether any appropriate conditions could sufficiently mitigate this risk.

The Tribunal reasoned that conditions attached to a medical certificate are only appropriate if the applicant at least marginally falls within the parameters for the issue of a licence. The evidence presented, including the opinion of Dr Ryan supported by other medically qualified aviation experts, indicated that Mr Robey did not meet these parameters. Consequently, the Tribunal concluded that no appropriate conditions would be sufficient to mitigate the identified risk.

For these reasons, the Tribunal affirmed the reviewable decision.