Several Australian women allegedly forced to submit to invasive strip searches at Doha's Hamad airport have been given the go-ahead by the federal court to sue Qatar Airways after a "long and stressful struggle".
The five women, who cannot be legally named, were among hundreds of women alleged to have been forcibly removed from aircraft at Doha on 2 October 2020 as officials searched for the mother of a newborn found in a bathroom at the terminal.
Taken off planes by armed guards, many allege they were forced to conduct non-consensual gynaecological or intimate physical examinations.
One passenger was forced to undergo a strip search while holding her five-month-old son, the lawsuit claims.
Another, who is elderly and legally blind, was directed out of the aircraft but was not subject to a search.
The women, three of whom were allegedly subjected to invasive searches, launched legal action against Qatar Airways, the airport operator and the government-owned Qatar Civil Aviation Authority (QCAA).
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.
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.
The women's lawyer, Damian Sturzaker, said they were "very pleased with the outcome" after a "long and stressful struggle". Source: AAP / Biancha De Marchi
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, and 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 the court, 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.
