Canberra, July 26 - In a significant legal victory, five Australian women have secured the right to sue Qatar Airways following a traumatic incident at Doha’s Hamad International Airport in October 2020. The women were among passengers forcibly removed from a Sydney-bound Qatar Airways flight and subjected to invasive physical examinations without their consent, sparking international outrage. The Federal Court of Australia, in a unanimous ruling on July 24, 2025, overturned an earlier decision that had dismissed their claims, allowing the lawsuit against Qatar Airways and the airport operator, Matar, to proceed to trial. The case stems from an incident triggered by the discovery of an abandoned newborn baby in a bathroom at the airport, prompting Qatari authorities to order women off multiple flights to undergo examinations to identify the infant’s mother.
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The women’s ordeal began when armed guards escorted them from Qatar Airways Flight 908 into ambulances on the tarmac, where nurses conducted non-consensual gynecological examinations. At least four of the five women were subjected to these invasive procedures, with three describing them as particularly intrusive. The examinations were carried out without explanation, leaving the women terrified and humiliated. One woman recounted being ordered to remove her underwear, while another described the experience as akin to assault, highlighting the profound psychological impact, including depression and post-traumatic stress disorder. The incident affected women from up to ten flights, including passengers from the UK and New Zealand, though only the five Australian women are part of this lawsuit.
In April 2024, Federal Court Justice John Halley had dismissed the women’s claims against Qatar Airways, ruling that the airline could not be held liable under the Montreal Convention, a treaty governing airline liability for passenger injuries during international travel. Halley argued that the examinations occurred outside the scope of embarking or disembarking and that Qatar Airways staff had no control over the actions of Qatari police or nurses. He also dismissed claims against the Qatar Civil Aviation Authority (QCAA), citing its immunity as a state entity, but allowed parts of the case against Matar to proceed. The women appealed, arguing that the examinations were part of the disembarkation process and that the airline bore responsibility.
The Federal Court’s full bench, comprising Justices Debra Mortimer, Angus Stewart, and James Stellios, found that Halley had erred in summarily dismissing the claims. They ruled that whether the examinations fell under the Montreal Convention’s scope was a complex issue requiring a full trial. The court upheld the dismissal of claims against the QCAA but ordered Qatar Airways and Matar to pay the appeal costs. The women’s lawyer, Damian Sturzaker of Marque Lawyers, expressed relief at the ruling, emphasizing the women’s desire for justice and compensation for their suffering. The case, which also seeks damages for negligence, assault, and false imprisonment, is now set to proceed to trial, with further evidence expected to clarify the roles of Qatar Airways and Matar. Qatar’s response at the time included an apology and a suspended sentence for an airport official, but the women have criticized the lack of meaningful accountability. This ruling marks a critical step toward addressing the violation of their rights and ensuring such incidents are not repeated.