Saraya, Alaa v Civil Aviation Authority [1997] FCA 364

CATCHWORDS Civil Aviation - application for Australian Aircraft Maintenance Engineer licence - specification of pre-requisites by Civil Aviation Authority. Administrative Law - appeal from decision of Administrative Appeals Tribunal whereby decision under review was affirmed - whether Tribunal had jurisdiction - whether "reviewable decision" ever made.

Legislation Civil Aviation Act 1988 (Cth) - ss. 31(1), (2) Civil Aviation Regulations 1988 (Cth) - rr. 31(1), (4), (5), (6); 264. Cases Gramophone Company Limited v Magazine Holder Company (1911) 28 RPC 221 VG845/95 ALAA SARAYA V. CIVIL AVIATION AUTHORITY MERKEL J. MELBOURNE 1 MAY 1996

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION No VG 845\95 BETWEEN ALAA SARAYA Applicant - and - CIVIL AVIATION SAFETY AUTHORITY Respondent COURT: Merkel J DATE: 1 May 1997 PLACE: Melbourne EX TEMPORE REASONS FOR JUDGMENT

HIS HONOUR: In September 1994, the applicant applied for an Australian Aircraft Maintenance Engineer Licence, ("AME licence"), in the categories of air frames and engines under regulation 31(1) of the Civil Aviation Regulations. He had previously been the holder of an equivalent licence issued by the Republic of Egypt. In order to be entitled to the issue of an AME licence, the applicant was required to be a qualified person, as defined in the regulations. Regulations 31(4), (5) and (6) provide: (4) In this regulation, "qualified person" means a person who: (a) has attained the age of 21 years; and (b) satisfies the Authority that he or she possesses such knowledge as the Authority requires of:

(i) the principles of flight of aircraft; (ii) the assembly, functioning and principles of construction of, and the methods and procedures for the maintenance of, those parts of an aircraft that the Authority considers relevant having regard to the licence sought; and (iii) these Regulations and the Civil Aviation Orders; and (c) satisfies the Authority that he or she has had such practical experience of the duties performed by a holder of the licence sought as the Authority requires and directs in Civil Aviation Orders; and (d) satisfies the Authority that he or she is not suffering from any disability likely to affect his technical skill or judgment; and (da) satisfies the Authority that he or she possesses sufficient knowledge of the English language to carry out safely the duties required to be performed by a holder of the licence; and (e) has passed such examinations as the Authority requires to be passed by an applicant for the licence sought. (5) Any requirement formulated by the Authority for the purposes of sub-regulation (4) shall not be less than the corresponding minimum requirement adopted in pursuance of the Convention. (6) Where a person satisfies the authority that the person: (a) is the holder of a licence equivalent to the licence sought issued by a competent authority in, and in force in accordance with the law of, a country other than Australia; (b) has complied with the minimum conditions required under the Convention and with such other requirements as the Authority specifies; and (c) does not suffer from any disability likely to affect his or her technical skill or judgment; the Authority may, for the purposes of this regulation, treat the person as if he or she were a qualified person. Regulation 264(1) provides: Subject to subregulation 89C(3), the Authority shall not refuse to grant a licence or certificate except on one or more of the following grounds, namely: