Major win for women over invasive searches in Qatar airport
The women experienced the ordeal in October 2020, when airport police ordered dozens of female passengers off the aircraft for internal checks after a newborn baby was found abandoned in a bin at the airport.
Shocked and distressed by the experience and the lack of an apology from Qatar Airways, the women are taking legal action against the airline, the airport operator MATAR, and Qatar's Civil Aviation Authority.
In April 2024, Justice John Halley ruled the women's claim could not proceed under the Montreal Convention, reasoning that the invasive examinations did not occur during embarking or disembarking the plane.
The women, represented by Marque Lawyers, appealed, arguing the searches took place as part of the disembarking process and that airline staff were aware.
On Thursday, the Federal Court overturned the initial dismissal, with Justice Angus Stewart stating, 'There is no sufficiently high degree of certainty that what happened to the (women) in the ambulance could not ultimately be found to have been in 'the course of any operations of embarking or disembarking'... That issue can only be decided at trial and not on a summary basis.' Doha's Hamad International Airport. Credit: Stephen Scourfield / The West Australian
The court also ruled that the women could pursue claims against MATAR for the conduct of those who performed the examinations.
Justice Stewart noted, 'It cannot be concluded with sufficient confidence at this stage that the appellants (women) have or will have no basis to plead that the 'nurse' was an employee or a true agent of MATAR. It is also an error to conclude that MATAR's duty of care cannot possibly extend to the circumstances in and around the ambulance.' The central hall at Hamad International Airport, Doha. Credit: Stephen Scourfield / The West Australian
The appeal against Qatar's Civil Aviation Authority, however, was dismissed. The court ordered Qatar Airways and MATAR to pay the appeal costs, and the case will now return to the Federal Court for trial.
'The Full Court has set aside the orders of the primary judge summarily dismissing the claims against Qatar Airways and giving strike out relief in favour of MATAR. It has also granted liberty to the (women) to apply to file amended pleadings and ordered Qatar Airways and MATAR to pay the costs of the appeal. As regards QCAA, the Full Court has dismissed the appeal with costs,' Justice Stewart concluded.
Marque Lawyers partner Damian Sturzaker said, '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.'
'They have shown enormous courage in standing up for what they believe is right and we will continue to support them as the case continues to the Federal Court,' he added.
In 2023, Transport Minister Catherine King blocked Qatar Airways' application for increased flights into Australia, partly citing this case.
The airline denies any wrongdoing, maintaining it cannot be held responsible for actions taken by airport police.
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