Huge win for Australian women embroiled in Qatar Airways physical examination horror as Federal Court rules they can sue airline

7NEWS

3 days ago

There were tears in court on Thursday as a group of Australian women had a stunning legal victory after being dragged off a plane and strip searched in the Middle East.
The five Australians were among hundreds of women alleged to have been forcibly removed from aircraft at Doha on October 2, 2020 as officials searched for the mother of a newborn found in a bathroom at the terminal.
On Thursday, the group of five women won the right to sue Qatar Airways over the airline conducting intimate physical examinations on the tarmac without their consent.
Taken off planes by armed guards, many allege they were forced to conduct non-consensual gynaecological or intimate physical examinations.
One of the victims Anna, who was searched in an ambulance on the tarmac of Hamad International Airport in Doha, Qatar, sat down with 7NEWS.
'The fear, the anxiety, the tears. I can't even describe it in words, these moments, really,' Anna said.
'It still comes in waves.'
She was officially diagnosed with post-traumatic stress disorder this year and has flashbacks of her baby boy lying on her chest as airport staff violated her.
'Being there alone and feeling so powerless to protect not only myself, but him, mostly him,' she said.
Last year, the Federal Court dismissed the women's claim against Qatar Airways, citing laws governing global travel, arguing the women weren't 'technically' injured.
'That was very, very painful. We haven't been even given the chance to be heard,' Anna said.
The women, three of whom were allegedly subjected to invasive searches, had earlier launched legal action against Qatar Airways, the airport operator and the government-owned Qatar Civil Aviation Authority.
After an initial ruling barred them from pursuing the airline and the QCAA, the Federal Court ruled on Thursday that the suit against Qatar Airways and the airport operator could continue.
'I was an emotional wreck. We all were,' Anna said.
The women's lawyer Damian Sturzaker said his clients were relieved with their win after 'a very long and stressful struggle to bring this to court'.
'Unfortunately the case against the state of Qatar was unsuccessful, however this has always been an issue against the airline,' he said outside court.
'We've now got an opportunity to have a full hearing with all of (the women's) evidence coming out and, in those circumstances, we're very very pleased with the outcome today.'
The women are seeking compensation for mental stress, for alleged assault and for the alleged false imprisonment during the airport incident nearly five years ago.
They claim the airline and the airport operator were negligent and breached their duty of care to passengers who were forced off the plane and subjected to searches.
A judge previously dismissed the women's claims against Qatar Airways as having no prospect of success because the searches didn't occur when disembarking or embarking the plane.
However, the Full Court determined on Thursday there was 'no sufficiently high degree of certainty' that was the case and ruled it is an issue that should be decided at trial.
Chief Justice Debra Mortimer, Justice Angus Stewart, Justice Stephen Stellios upheld the primary ruling that the women could not sue the QCAA because it has immunity as an entity of a foreign state.
Qatar Airways was ordered to pay the legal bill accrued by the women during the appeal.
The court battle between the two parties is not expected to be heard this year.
Outside court, Mr Sturzaker said he was confident in his steadfast clients' case against the airline and the airport operator.
'They always would have liked to see a resolution to the matter but if that can't be achieved then of course the matter will go to hearing,' he said.