Five Australian women who were forcibly removed from a Qatar Airways flight and subjected to invasive strip searches at Doha’s Hamad International Airport have won the right to sue the state-owned airline, following a successful appeal in Australia’s Federal Court.
The incident occurred in 2020 after an abandoned newborn was discovered in an airport bathroom. In response, Qatari authorities ordered several women without consent or explanation to undergo intimate examinations in ambulances on the tarmac, sparking global outrage.
The women, who launched legal proceedings in 2021, are seeking damages for “unlawful physical contact” and false imprisonment. They say the ordeal caused long-term trauma, including depression and post-traumatic stress disorder. While women from other countries were also searched, only the five Australians are part of this case.
An earlier ruling by Justice John Halley had dismissed the case against Qatar Airways, stating the airline could not be held liable under the Montreal Convention, an international treaty governing airline responsibility. Halley had argued that the notion Qatar Airways staff could have influenced the actions of Qatari police or medical personnel was “fanciful, trifling, implausible, improbable, and tenuous.”
But on appeal, a full bench of the Federal Court comprising Justices Angus Stewart, Debra Mortimer, and James Stellios found that Halley had prematurely ruled on matters that should be decided at trial. While the court upheld the dismissal of claims against Qatar’s Civil Aviation Authority, it reinstated the case against Qatar Airways and the airport operator, Matar.
The women’s lawyer, Damian Sturzaker, welcomed the ruling, saying, “Our clients endured a traumatic experience on that night in Doha and they deserve to have their day in court and compensation for their suffering.”
In previous interviews, the women described the horror and confusion they faced. One said she feared she was being kidnapped; another likened the experience to rape. None were given any explanation or opportunity to refuse.
Qatar launched a criminal investigation after the incident, which resulted in a suspended jail term for an airport official. But Sturzaker said the legal action was driven by Doha’s perceived inaction and the lack of a formal apology or institutional change.
The case is now set to proceed to trial in the Federal Court of Australia.
Erizia Rubyjeana
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