Several Australian women, allegedly subjected to invasive strip searches at Doha’s Hamad Airport, have received approval to pursue legal action against Qatar Airways after a prolonged and distressing journey. The five unnamed women were part of a group forcibly removed from their flight on October 2, 2020, during a search for the mother of a newborn abandoned in a bathroom at the airport.
Reports indicate that armed guards escorted many women off the planes, with some claiming to have endured non-consensual gynaecological examinations. Disturbingly, one passenger was allegedly strip-searched while holding her five-month-old son. Additionally, an elderly, legally blind woman was taken off a flight but was not subjected to a search.
The women, three of whom are said to have faced these invasive searches, have filed legal claims against Qatar Airways, the airport, and the Qatar Civil Aviation Authority (QCAA). Following an earlier court ruling that prevented them from suing the airline and the QCAA, the Federal Court has now permitted the case against Qatar Airways and the airport to proceed.
Damian Sturzaker, the women’s lawyer, expressed their relief at this recent development after what has been an exhausting fight to have their case heard. He noted that although the claim against the state of Qatar was rejected, the focus has always been on the airline, and they now have the chance to present comprehensive evidence in court.
The women seek compensation for mental distress, alleged assault, and false imprisonment linked to the traumatic incident that occurred nearly five years ago. They contend that both Qatar Airways and the airport operator were negligent and failed in their duty of care towards passengers.
A prior ruling dismissed claims against Qatar Airways, suggesting that the searches did not take place during the proper boarding or disembarking processes. However, the Full Court established that there was insufficient certainty regarding this point and decided it should be evaluated at trial.
Judges Debra Mortimer, Angus Stewart, and Stephen Stellios upheld the ruling that the women could not sue the QCAA due to its immunity as a foreign state entity. Qatar Airways has been ordered to cover the legal costs incurred by the women during their appeal.
The ongoing legal challenge is not expected to reach a hearing this year, but Sturzaker remains optimistic about his clients’ case against the airline and airport operator. He acknowledged their desire for a resolution but confirmed they will be prepared to move forward to a hearing if necessary.
For those affected, support is available through Lifeline at 13 11 14 or beyondblue at 1300 22 4636.