Additional Coverage:
Five Australian Women Win Right to Sue Qatar Airways Over Invasive Exams
Five Australian women who were subjected to invasive physical examinations at Hamad International Airport in Doha, Qatar, have won a key legal victory in their fight to sue Qatar Airways. A federal court overturned a previous ruling, paving the way for their case to proceed under the Montreal Convention, a treaty governing airline liability.
The incident occurred in 2020 after a newborn baby was found abandoned in the airport. Qatari authorities, seeking to prevent those responsible from leaving the country, removed dozens of female passengers from flights and subjected them to the examinations. The five women, whose identities remain confidential, were among 13 passengers removed from a Sydney-bound flight.
The women’s lawyer, Damian Sturzaker, expressed his clients’ satisfaction with the court’s decision, highlighting the ongoing impact of the incident and the lack of apology or compensation from the involved parties. He emphasized that the examinations occurred while the women were in the process of embarking or disembarking, placing the incident squarely under the purview of the Montreal Convention.
The women are also pursuing a negligence claim against Qatar Airways, which could significantly increase any potential damages awarded. While their case against the Qatar Civil Aviation Authority (QCAA) has been dismissed, they are permitted to revise aspects of their case against MATAR, the airport operator. The legal team is also exploring the possibility of appealing the QCAA decision to Australia’s High Court.
A key question remains unanswered: who ordered the searches? Sturzaker stated that this will be a central focus of the ongoing legal proceedings. He expressed confidence that further evidence will emerge, strengthening the case against both Qatar Airways and MATAR.
Following the 2020 incident, Qatari authorities charged an unspecified number of airport security staff and the baby’s mother, who had left the country. The lawyer for the Australian women described the Qatari response as “wildly out of proportion” and expressed concern about the implications for travelers.
The case is expected to go to trial next year.