FIVE women who were allegedly hauled off from a Qatar Airways flight by armed cops and strip-searched have won the right to sue the airline.
They were among after a newborn baby was found abandoned at .
Qatari authorities are said to have pulled women off 10 planes in Doha in 2020 and forced them to take invasive gynaecological exams.
They were hunting for the mother of the newborn found abandoned in an airport bathroom bin.
Some women claimed they were made to take off their underwear and subjected to non-consensual gynaecological inspections by a nurse in ambulances on the tarmac.
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.
Five Aussie women caught up in the ordeal lodged legal action against , claiming they were assaulted and falsely imprisoned.
The incident made headlines around the world and sparked outrage in Australia, straining diplomatic ties with Qatar.
The group of women brought claims under the Montreal Convention, which covers airline liability, as well as negligence, assault and false imprisonment.
They sought damages for the impact on their mental health, including depression and post-traumatic stress disorder, stemming from the “unlawful physical contact”.
Federal Court Justice John Halley dismissed the claims against Qatar Airways last year.
The initial court ruling said the woman had no reasonable prospect of success - and that Qatar’s Civil Aviation Authority amounted to a foreign state immune from Australian law.
But on Thursday, the full Federal Court overturned the ruling on Qatar Airways, saying the issue was too complex to be dismissed summarily.
“Whether or not the claims come within the scope of the Montreal Convention is a matter of some complexity,” the summary judgment said.
“It is therefore not an issue apt to be decided at the stage of summary dismissal.”
The judgment allows the women to continue their lawsuit against Qatar Airways and MATAR.
“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,” said Damian Sturzaker, the lawyer from Marque Lawyers representing the women.
“We will continue to support them as the case continues in the Federal Court.”
Australia‘s government cited the incident as a reason to block Qatar Airways from operating more flights into the country.
Qatar’s then prime minister, Khalid bin Khalifa bin Abdulaziz Al Thani, at the time offered his “sincerest apologies for what some female travellers went through”.
