Australian passengers forced to remove underwear can sue Qatar Airways
What's the story
Five Australian women have been granted permission to sue Qatar Airways after they were allegedly strip-searched after being removed from a flight. The decision was taken by the Federal Court of Australia, which overturned an earlier ruling that had dismissed their case. The women were among 13 Australians who were subjected to invasive examinations on 10 Qatar Airways flights in October 2020. The invasive examinations were conducted after a newborn was found abandoned at Doha's Hamad Airport.
Case background
Women were forcibly removed from flight
The women allege they were forcibly removed from their flight by armed guards and strip-searched. Some women alleged they were forced to remove their underwear and had non-consensual gynecological checks by a nurse in ambulances on the tarmac after being dragged off their airplane by armed Qatari police. They launched legal proceedings in 2022 against Qatar Airways, Doha Airport MATAR, and Qatar's Civil Aviation Authority under the Montreal Convention for airline liability, negligence, assault, and false imprisonment.
Legal proceedings
Lawsuit dismissed earlier
"I felt like I had been raped," one woman said; another said she thought she was being kidnapped and held hostage. The women sought damages for mental health impacts, including depression and post-traumatic stress disorder, from the "unlawful physical contact." However, Federal Court Justice John Halley had dismissed their claims against Qatar Airways on grounds of lack of reasonable prospects of success. Justice Halley also ruled that Qatar's Civil Aviation Authority was immune from Australian law as a foreign state.
Court ruling
Full Federal Court overturns earlier ruling
On Thursday, the full Federal Court overturned Justice Halley's ruling, stating that the issue was too complex for summary dismissal. The court said, "Whether or not the claims come within the scope of (the Montreal Convention) is a matter of some complexity." This decision allows the women to continue their lawsuit against Qatar Airways and MATAR. Both companies have been ordered to pay appeal costs.
Legal representation
Incident drew global media attention
Damian Sturzaker, a lawyer from Marque Lawyers representing the women, said they had endured a traumatic experience and deserved their day in court. He said they would continue to support them as the case proceeds in federal court. "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," Sturzaker said, according to The Australian.