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Qatar Airways sued by Australian women for strip searches

A court in Australia has overturned a previous decision that the case should be dismissed. Five Australian women claim they were strip-searched and pulled off a Qatar Airways plane by armed guards.

After a baby was abandoned at Doha’s Hamad Airport, in October 2020, women on 10 Qatar Airways flight, including 13 Australians were subjected invasive examinations.

The incident was reported around the globe, caused outrage in Australia, and damaged diplomatic relations with Qatar.

Five women who were on a flight to Sydney in 2022 filed a lawsuit against Qatar Airways, Doha Airport's MATAR operator, and Qatar Civil Aviation Authority.

The Montreal Convention covers airline liability as well as negligence and false imprisonment.

The women were seeking damages for their mental health including depression and post-traumatic disorder, resulting from "unlawful contact".

Some women claim that after being escorted from their flight by armed Qatari officials, they were forced to remove their underwear. They also claimed to have been subjected non-consensual gynaecological examinations by an ambulance nurse on the tarmac.

Federal Court Justice John Halley dismissed claims against Qatar Airways in the past year. He found that they had no realistic prospect of success and that Qatar’s Civil Aviation Authority was a foreign country immune from Australian laws.

The full Federal Court reversed the ruling against Qatar Airways on Thursday. They said the matter was too complex for it to be dismissed in a hurried manner.

The summary judgment stated that "whether or not these claims fall within the scope (of the Montreal Convention) can be a complex issue."

It is not a matter that can be decided in the context of a summary dismissal.

The women can now continue their legal action against Qatar Airways and MATAR. Both companies were ordered by the court to pay for the appeal costs.

Damian Sturzaker from Marque Lawyers, who represents the women, said: "Our clients suffered a traumatizing experience that night in Doha. They deserve to be heard in court, as well as compensation for their suffering."

We will continue to support the plaintiffs as their case proceeds in Federal Court. (Reporting and editing by Kate Mayberry in Sydney, Christine Chen in Sydney)

(source: Reuters)