Bush and Civil Aviation Safety Authority

The applicant, Mr. Bush, sought review of a decision by the Civil Aviation Safety Authority (CASA) concerning his eligibility for a Class 1 and Class 2 medical certificate. Mr. Bush suffers from Ebstein's Anomaly, a congenital heart condition, and has undergone ablations to treat atrial flutter. The central dispute revolved around whether his condition posed a safety risk that would preclude him from holding a medical certificate, particularly a Class 2 certificate for private aviation.

The Tribunal was required to determine whether Mr. Bush's medical condition, specifically Ebstein's Anomaly and associated atrial flutter, rendered him medically unfit to hold a Class 2 medical certificate. This involved assessing conflicting medical opinions regarding the safety implications of his condition and whether any potential risks could be adequately managed through specific conditions imposed on the certificate.

The Tribunal considered extensive oral and written evidence, including reports from various medical professionals. It noted that while Mr. Bush had a congenital heart abnormality and experienced atrial flutter, the flutter itself was not incapacitating and he continued to live a normal life during episodes. The Tribunal acknowledged that ablations had been performed to address the rogue electrical circuitry causing the flutter. Ultimately, the Tribunal set aside the original decision and substituted it with a decision to issue Mr. Bush a Class 2 medical certificate for 12 months. This certificate was subject to several conditions, including limitations to rotary wing aircraft only, no passenger carriage, and ongoing medical reporting requirements such as Holter monitor readings and cardiologist reports.