Five Australian women who say they were forcibly removed from a Qatar Airways flight and subjected to invasive strip-searches have won the right to proceed with their lawsuit, after a federal court overturned a previous decision to dismiss the case.
The women were among several passengers on 10 Qatar Airways flights—including 13 Australians—who underwent non-consensual examinations in October 2020 at Doha’s Hamad International Airport. The searches occurred after airport staff found an abandoned newborn in a terminal bathroom, prompting a desperate search for the baby’s mother.
The incident sparked global outrage, strained Australia-Qatar relations, and led to legal action in 2022. The women filed claims against Qatar Airways, Doha Airport operator MATAR, and Qatar’s Civil Aviation Authority, citing violations under the Montreal Convention, as well as negligence, assault, and false imprisonment.
According to the claimants, armed guards escorted them off their Sydney-bound flight, and some were forced to remove their underwear and endure gynaecological exams in ambulances on the tarmac—without consent. They are seeking damages for mental health impacts, including depression and PTSD, caused by the “unlawful physical contact.”
In 2023, a federal judge dismissed the case against Qatar Airways, ruling it had no reasonable chance of success and that the Civil Aviation Authority was immune as a foreign entity. However, on Thursday, the full bench of the Federal Court reversed that decision, stating the legal questions involved were too complex to dismiss at this early stage.
“It is therefore not an issue apt to be decided at the stage of summary dismissal,” the court said.
The ruling means the women can now move forward with their lawsuit against Qatar Airways and MATAR, both of which have been ordered to cover the costs of the appeal.
“Our clients endured a traumatic experience on that night in Doha,” said Damian Sturzaker, their lawyer. “They deserve to have their day in court and compensation for their suffering.”
