Australian Women Win Right to Sue Qatar Airways After Controversial Search Incident
Five Australian women have successfully secured the right to pursue a lawsuit against Qatar Airways following a distressing incident during which they were strip-searched at Doha’s Hamad International Airport. This legal victory comes after the women appealed a previous court ruling that dismissed their case.
In 2020, the women were removed from a flight after authorities discovered an abandoned newborn in an airport bin. This incident ignited widespread outrage as they underwent invasive examinations without consent to ascertain whether they had recently given birth.
Last year, an Australian judge concluded that the state-owned airline could not be held criminally liable under international travel law, describing the idea that its staff could have intervened as “improbable” and “tenuous.” Despite this ruling, the women appealed, arguing the judge had made errors in their case that needed to be examined in court.
The original lawsuit, filed in 2021, named Qatar Airways, Qatar’s Civil Aviation Authority, and Hamad International Airport’s operator, Matar, as respondents. The women alleged “unlawful physical contact” and false imprisonment, seeking damages for resulting psychological impacts including anxiety and post-traumatic stress disorder. While passengers from other countries were also subjected to similar searches, they did not join the legal action.
In April 2024, Justice John Halley determined that Qatar Airways could not be held accountable under the Montreal Convention—a multilateral treaty governing airline liability in cases of passenger death or injury. He indicated that even if the airline were liable, the circumstances indicated that the women’s claims would likely not succeed. He clarified that airline staff had no influence over the actions of Qatari police, who executed the searches, or the medical personnel involved in the examinations.
Justice Halley also dismissed claims against Qatar’s aviation authority, stating it was not subject to foreign prosecution but allowed parts of the case against Matar to proceed. However, in a twist, Justices Angus Stewart, Debra Mortimer, and James Stellios found grounds for the case against both Qatar Airways and Matar, stating that the initial judge had incorrectly ruled on matters that warranted a trial examination.
As the case now moves forward in the Federal Court, lawyer Damian Sturzaker expressed confidence in his clients’ pursuit of compensation for their traumatic experience. “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,” he stated.
The women have previously voiced their feelings of violation and distress during the incident, with one describing her experience as feeling akin to being raped. Another participant recounted fearing for her life, likening the situation to being kidnapped. These sentiments underline the profound psychological impacts of the searches.
Following the incident, Qatari authorities initiated a criminal prosecution that culminated in a suspended sentence for an airport official. However, the women have articulated their desire not only for justice but also for a formal apology and substantial procedural changes at the airport to prevent such incidents from occurring in the future.
