A Federal Court of Australia decision has rejected the plea of five women to sue Qatar Airways, the Qatar Civil Aviation Authority (QCAA), and the Qatar Company for Airports Operations and Management (MATAR), in connection with invasive medical examinations at Doha’s Hamad International Airport. This ruling stems from an incident on October 2, 2020, when women were forcibly removed from their flights and subjected to intimate examinations in an effort to locate the mother of a newborn found abandoned at the airport.
Justice John Halley’s ruling on April 10, 2024, declared the QCAA immune from foreign prosecution, effectively dismissing claims against it and Qatar Airways, including those based on the Montreal Convention. However, the judge allowed the women to pursue legal action against MATAR, acknowledging that the airport operator had a duty of care that was breached when it permitted the examinations by non-MATAR nurses.
The incident, which involved 13 Australian women among others, sparked significant international backlash and influenced diplomatic relations between Qatar and Australia. Following the incident, Australia’s Minister of Transport, Katherine King, faced with a request from the women, subsequently denied Qatar Airways additional flight permissions to Australia. While the decision was never explicitly linked to the incident by the minister, it was later acknowledged that the women’s request had influenced her decision.
This court decision highlights the complexities of international law and the challenges in addressing grievances that occur across borders, particularly involving sensitive issues such as privacy and personal security. The outcome has significant implications not only for the victims but also for international aviation operations and diplomatic engagements between the nations involved.
