Five Australian women are now permitted to sue Qatar Airways after a federal court upheld their appeal regarding invasive physical examinations they underwent in March 2020 at Doha Airport. The court’s decision follows an incident where numerous female passengers were subjected to these examinations in response to the discovery of an abandoned newborn at Hamad International Airport.
The women, whose identities remain confidential, were part of a group removed from Qatar Airways Flight 908, which was bound for Sydney. Their lawyer, Damian Sturzaker, highlighted that the examinations were carried out without prior consent and were described as traumatic experiences for the victims. The Australian government at the time indicated that as many as ten flights were impacted by these actions.
In a statement, Sturzaker expressed relief at the court’s unanimous ruling, which found that an earlier decision to dismiss the relevance of the Montreal Convention was incorrect. This international treaty governs airline liability for passenger injuries during travel. Sturzaker noted, “Our clients are thrilled with the outcome,” emphasizing the lasting emotional and psychological effects of the incident.
According to Article 17 of the Montreal Convention, carriers are liable for damages incurred by passengers during their journey. The original ruling had suggested this did not apply to the women’s situation, but Sturzaker argued that their journey, in fact, had not concluded when they were forcibly removed from the flight.
The women are also pursuing a negligence claim against Qatar Airways, which could potentially increase any compensation awarded. The federal judges’ ruling has allowed the women to amend their case against MATAR, the airport operator, while ending their action against the Qatar Civil Aviation Authority (QCAA). Sturzaker noted that they will review the reasons for the QCAA decision to determine if an appeal is viable in Australia’s High Court.
The actions taken by Qatari officials were prompted by the discovery of a baby girl who had been abandoned in a plastic bag. The Qatari government described the situation as a “shocking and appalling attempt to kill her,” leading to heightened security measures and their subsequent response.
After the incident, a Qatari prosecutor stated that several airport security staff members responsible for conducting the examinations were charged. Additionally, the baby’s mother was identified and charged with attempted murder but had already left Qatar. She was described only as being of “Asian” nationality, highlighting the complexities of social and legal issues in the region, where abandoning a child can be a desperate act to evade severe penalties.
Sturzaker criticized the Qatari response as “wildly out of proportion,” suggesting that such measures create a hostile environment for travelers. He stated, “It’s not something that you would ever see in an airport that you would commonly want to travel to.”
The women’s case is expected to go to trial in 2024, as their legal team continues to gather evidence and seek clarity on who ordered the invasive searches at the airport. As investigations proceed, the hope for accountability and justice remains at the forefront for the victims of this incident.
