Australian Women Granted Legal Right to Sue Qatar Airways
Five Australian women who were subjected to invasive strip searches at Doha airport have successfully gained the right to sue Qatar Airways following an appeal. The incident, which occurred in 2020 after a baby was found abandoned in an airport bin, sparked international outrage. An initial ruling had dismissed the case against the airline, but a recent decision by the Federal Court has allowed the women to proceed with their lawsuit, seeking damages for the trauma they experienced.
Background of the Incident
In October 2020, five Australian women were forcibly removed from a Qatar Airways flight at Doha’s Hamad International Airport. This action was taken after authorities discovered an abandoned baby in a bin at the airport. The women were subjected to invasive examinations to determine if they had recently given birth, a situation that led to widespread condemnation. The women filed a lawsuit in 2021 against Qatar Airways, Qatar’s Civil Aviation Authority, and Matar, the airport’s operating company, alleging unlawful physical contact and false imprisonment. They reported experiencing significant mental health issues, including depression and post-traumatic stress disorder, as a result of the incident.
Legal Proceedings and Initial Rulings
Initially, an Australian judge ruled that Qatar Airways could not be held liable under the Montreal Convention, which governs airline liability for passenger injuries or deaths. The judge deemed the airline’s potential involvement in the actions of Qatari police and medical staff as “fanciful” and “implausible.” Consequently, the case was dismissed before reaching trial. The judge also ruled that Qatar’s aviation regulator was immune from prosecution, further complicating the women’s pursuit of justice. However, the women appealed this decision, arguing that the primary judge had made errors in dismissing their case.
Appeal Outcome and Next Steps
The Federal Court’s full bench found that the initial ruling contained errors, particularly regarding the dismissals of the claims against Qatar Airways and Matar. While the court upheld the decision to dismiss the case against Qatar’s aviation authority, it granted the women the right to sue both Qatar Airways and Matar. This ruling allows the case to move forward to trial, where the women will have the opportunity to present their claims in court. Their lawyer, Damian Sturzaker, expressed that the women deserve compensation for their traumatic experiences and emphasized the need for accountability.
Personal Accounts and Broader Implications
The women have shared harrowing accounts of their experiences during the searches, stating they did not consent to the examinations and were not informed about the reasons behind them. One woman described feeling violated, while another expressed fears of being kidnapped. The incident has prompted calls for changes in airport procedures to prevent similar occurrences in the future. The Gulf state of Qatar has faced scrutiny over its handling of the situation, including a criminal prosecution that resulted in a suspended jail term for an airport official. The women are seeking a formal apology and changes to ensure that such invasive searches do not happen again.
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