These five women, whose identities are legally protected, were among numerous individuals allegedly removed from airplanes at Doha on October 2, 2020, as authorities searched for the mother of a newborn discovered in a terminal bathroom.

Taken off planes by armed guards, many allege they were forced to conduct non-consensual gynaecological or intimate physical examinations.

Although an initial ruling had prevented them from suing the airline and the QCAA, the Federal Court decided today that the legal action against Qatar Airways and the airport operator could move forward.

The women’s lawyer, Damian Sturzaker, said his clients were relieved with their win after “a very long and stressful struggle to bring this to court”.

“Unfortunately the case against the state of Qatar was unsuccessful, however this has always been an issue against the airline,” he said outside court.

“We’ve now got an opportunity to have a full hearing with all of (the women’s) evidence coming out and, in those circumstances, we’re very, very pleased with the outcome today.”

The women are seeking compensation for mental stress, for alleged assault and for the alleged false imprisonment during the airport incident nearly five years ago.

They claim the airline and the airport operator were negligent and breached their duty of care to passengers who were forced off the plane and subjected to searches.

A judge previously dismissed the women’s claims against Qatar Airways as having no prospect of success because the searches didn’t occur when disembarking or embarking the plane.

However, the Full Court determined today there was “no sufficiently high degree of certainty” that was the case and ruled it is an issue that should be decided at trial.

Chief Justice Debra Mortimer, Justice Angus Stewart and Justice Stephen Stellios upheld the primary ruling that the women could not sue the QCAA because it has immunity as an entity of a foreign state.

Qatar Airways was ordered to pay the legal bill accrued by the women during the appeal.

The court battle between the two parties is not expected to be heard this year.

Outside court, Sturzaker said he was confident in his steadfast clients’ case against the airline and the airport operator.

“They always would have liked to see a resolution to the matter but if that can’t be achieved then of course the matter will go to hearing,” he said.

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