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Australian Women Cleared to Sue Qatar Airways Over Invasive Hamad Airport Examinations

The court found the legal questions surrounding the 2020 searches require a full trial instead of summary dismissal

A Qatar Airways plane flies over Dubai, United Arab Emirates, August 20, 2023. REUTERS/Amr Alfiky/File Photo
The five women were among Qatar Airways passengers on a flight from Doha bound for Sydney.
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Overview

  • The Full Federal Court unanimously overturned Justice Halley’s April 2024 summary dismissal and granted the women leave to proceed against Qatar Airways and airport operator MATAR.
  • Judges ruled it remains arguable the invasive medical checks took place during the operations of embarking or disembarking flights and cannot be resolved without a trial.
  • The court held it is plausible that the nurse who conducted the strip-searches was an agent of MATAR, preserving negligence and duty-of-care claims against the airport operator.
  • The women’s appeal against the Qatar Civil Aviation Authority was dismissed on state-immunity grounds, and both Qatar Airways and MATAR were ordered to pay the appeal costs.
  • The litigation—centering on airline liability under the Montreal Convention and protection of bodily autonomy—will return to the Federal Court for a full hearing.