BRISBANE— Five Australian women have secured the right to sue Qatar Airways (QR) after being subjected to invasive physical examinations on the tarmac at Doha’s Hamad International Airport (DOH) in 2020.
This landmark case follows a unanimous decision by an Australian federal court, highlighting crucial questions of airline liability and passenger rights under the Montreal Convention.
The lawsuit centers on events aboard Qatar Airways Flight 908 (QR908), which was set to depart DOH for Sydney (SYD) when the women, among several other passengers, were forcibly removed and examined following the discovery of an abandoned newborn at the airport.
The case has attracted international attention due to the distressing nature of the examinations and the legal implications for airlines operating under international law.
Photo: By Anna Zvereva from Tallinn, Estonia – Qatar Airways, A7-APA, Airbus A380-861, CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=87549450Qatar Airways Can Be Sued by 5 Women
In October 2020, authorities at Hamad International Airport (DOH) discovered a newborn baby abandoned in the terminal bathroom.
This led Qatari officials to conduct a sweeping response—female passengers, including the five Australians on Qatar Airways (QR) Flight 908 bound for Sydney (SYD), were removed from their aircraft, many at gunpoint, and subjected to non-consensual physical examinations in ambulances beneath the plane’s wings.
These passengers reported deep psychological impacts, including trauma and post-traumatic stress, as a direct result of the forced procedures.
The Qatari government initially defended the actions, claiming they were necessary to prevent the perpetrators from fleeing the country.
However, international reaction was swift and condemnatory, with Australia’s government and global human rights advocates calling the actions “grossly disturbing.”
It was later confirmed that up to 13 women from QR908 were examined, with Qatari authorities acknowledging that women from up to ten different flights were affected during the wide-reaching search.
Following the incident, Qatari prosecutors charged several airport security staff involved in the searches and later identified the newborn’s mother—a foreign national who had fled the country.
In Qatar, strict laws prohibit sex outside marriage, and such circumstances can lead to children being abandoned to avoid legal penalties.
Photo: Hamad International AirportLegal Arguments and Montreal Convention Implications
The women’s legal team brought claims of negligence, assault, false imprisonment, and battery not only against Qatar Airways (QR) but also against the airport operator MATAR and the Qatar Civil Aviation Authority (QCAA).
Central to their argument is the Montreal Convention, which governs the liability of airlines for injuries or death suffered by passengers during international flights.
Article 17 of the Montreal Convention states that a carrier is liable for damages for injuries incurred on board an aircraft, or while embarking or disembarking. Initially, an Australian judge dismissed the case, ruling the Convention did not apply because the actions were not directly attributable to the airline or its staff.
However, on appeal, three federal judges unanimously overturned the earlier decision, ruling the journey had not “ended” when the passengers were forcibly removed and examined, thus keeping the airline’s liability in play.
The ruling grants the women the ability to pursue further legal action against Qatar Airways (QR), while dismissing their case against QCAA, but allowing them to amend claims against MATAR.
The case will delve deeper into what level of responsibility the airline and airport authorities bear, especially as critical documents remain undisclosed.
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Photo: By Anna Zvereva from Tallinn, Estonia – Qatar Airways, A7-APJ, Airbus A380-861, CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=87491609Bottom Line
The outcome of this lawsuit could have far-reaching implications for airline liability under the Montreal Convention.
It could set a serious precedent for the treatment of passengers during security incidents and clarify the scope of an airline’s duty of care—including events occurring during boarding and disembarkation.
The road ahead is expected to be lengthy, as further evidence and internal documents are sought to determine how and by whom the invasive searches were authorized.
Given the ongoing and unresolved trauma reported by the affected women, the court’s decision marks only the beginning of what is likely to be a complex legal journey
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The post Qatar Airways to Be Sued by 5 Australian Passengers, Trial in 2026 appeared first on Aviation A2Z.
