A321
Flight Crew Air Transport Pilot (ATP)
Aircraft Equipment Problem Less Severe; Deviation / Discrepancy - Procedural MEL / CDL
General Release Refused / Aircraft Not Accepted
Incorrect / Not Installed / Unavailable Part; Aircraft; Procedure
During preflight; First Officer found an approximate 3-4 ft circumference area of oil on the ground around right main landing gear. Oil also filled cement joint crack for 5-6 ft. Found substance leaking from main landing gear actuator at approximately 1 drip per second. Reported to mx and entered discrepancy into logbook. Maintenance pressurized hydraulic system. Took [the logbook] and left.Maintenance applied MEL to gear actuator. After reviewing; MEL; I re-inspected the landing gear drip. Based on my second inspection of the gear and drip; I felt the MEL was inappropriate to the condition of the aircraft. Specifically; the drip per minute appeared to be in excess of the amount allowed by the MEL. The drip rate along with the amount of fluid on the ground gave me cause for concern. The Maintenance person who returned the [logbook] told me that [maintenance control] had made the decision on the MEL not the crew working on the aircraft and that they did not have part to fix the aircraft. The part was in [another airport] and the aircraft was scheduled to have the part replaced when it reached [the other airport] at the end of the day. After hearing this and given; our concerns I refused the aircraft.Maintenance called [Chief Pilot]; who also inspected the aircraft and reviewed the situation with both crewmembers.
A321 Captain reported refusing the aircraft when he determined the hydraulic fluid leak exceeded the allowable under the MEL.