Australian Women Granted Right to Sue Qatar Airways Over Invasive Searches

Five Australian women have been granted the right to sue Qatar Airways for undergoing invasive physical examinations at Doha’s Hamad International Airport in March 2020. This decision follows a ruling from the Australian Federal Court, which upheld their appeal after the original judge dismissed their claims regarding airline liability.

The women, who remain anonymous, were among numerous female passengers removed from flights and subjected to these examinations. Their lawyer, Damian Sturzaker from Marque Lawyers, stated that the searches were conducted in the wake of a newborn found abandoned at the airport. At the time, Qatari officials described the incident as “shocking and appalling,” leading them to take urgent measures to prevent those responsible from leaving the country. The government expressed regret over the distress caused to passengers during this process.

This incident sparked international outrage, with Australia’s then Foreign Minister condemning it as a “grossly disturbing, offensive, concerning set of events.” The specifics surrounding the examinations remain unclear, but reports indicate that at least 13 women were examined from Qatar Airways Flight 908, which was preparing to depart for Sydney. An Australian government representative noted that as many as ten flights may have been impacted.

Legal Ruling and Implications

In a unanimous ruling, three judges of the Australian Federal Court found that the original judge incorrectly dismissed the relevance of the Montreal Convention, a treaty governing airline liability for international air travel. Article 17 of this convention holds carriers accountable for damages related to passenger injuries during the course of travel.

Sturzaker emphasized the continuing trauma experienced by his clients, stating, “They do genuinely continue to bear the scars of not only what happened on that evening, but the fact that there’s been no apology, that there’s been no compensation.” He noted that the women are also pursuing a negligence claim against Qatar Airways, potentially increasing any damages awarded.

The original judge had ruled that the Montreal Convention did not apply in this case. However, Sturzaker argues that the journey for the women had not ended when they were removed from the plane, as they were taken to an ambulance for examinations. He stated, “Of course, the journey had never ended, and they were still embarking and disembarking.”

While the women sought to hold both Qatar Airways and MATAR, the airport operator, accountable for negligence, assault, false imprisonment, and battery, the court’s ruling concluded their action against the Qatar Civil Aviation Authority (QCAA). Sturzaker plans to review the reasons behind this decision to determine if there is scope for an appeal to the High Court of Australia.

Continuing Investigation and Public Reaction

Sturzaker has indicated that further investigations will seek clarity on who ordered the searches and the responsibilities of involved parties. “We don’t have perfect insight as to the levels of responsibility, and that’s one of the things that we will seek to determine as the case goes forward,” he remarked. He anticipates that additional evidence may strengthen their case against both Qatar Airways and MATAR.

Following the incident, a Qatari prosecutor announced that certain airport security personnel involved in the examinations had been charged. Additionally, the mother of the abandoned baby, described only as of “Asian” nationality, has been charged with attempted murder and has since left the country. In Qatar, where sex outside of marriage is illegal, abandonment of children is not uncommon as a means to avoid legal repercussions.

Sturzaker expressed concerns over the Qatari government’s response to the situation, stating, “It’s not something that you would ever see in an airport that you would commonly want to travel to.” The case is expected to go to trial in 2024, continuing to draw attention to the balance between security measures and the rights and dignity of passengers.