Five Australian women who were subjected to strip-searches and invasive examinations at Doha airport have been unsuccessful in their attempt to sue Qatar Airways. This incident occurred after a baby was found abandoned in an airport bin in 2020, leading to the women being ordered off a flight and subjected to these examinations.

The incident provoked widespread public outrage and was condemned by multiple nations. However, an Australian court ruled that the state-owned airline could not be sued under the laws governing global travel.

In 2021, the five women brought a claim in the Federal Court of Australia seeking damages for alleged “unlawful physical contact” and false imprisonment. They cited mental health impacts including depression and post-traumatic stress disorder. Notably, passengers from the UK and New Zealand were not involved in this lawsuit.

However, on Wednesday, Justice John Halley ruled that Qatar Airways could not be held liable under the Montreal Convention, a multilateral treaty that establishes airline liability in cases of passenger injury or death.

Justice Halley also determined that the airline’s staff had no influence over the actions of Qatari police who removed the women from the flight, nor the nurses who conducted examinations in ambulances on the tarmac.

The judgment described the proposition that the airline’s staff could have influenced these actions as “fanciful, trifling, implausible, improbable, tenuous”.

Justice Halley also dismissed the women’s case against Qatar’s aviation regulator, stating that it was immune from foreign prosecution.

However, he permitted the women to continue pursuing their claim against Matar, a subsidiary of Qatar Airways responsible for operating Hamad International Airport.

They will proceed with their argument that Matar employees owed them a duty of care and failed to prevent the invasive searches.

In interviews with the BBC, the women expressed that they did not consent to the examinations and were not provided with explanations for the procedures.

“I felt like I had been violated,” shared British grandmother Mandy, who requested to withhold her surname.

Another woman described feeling as though she was being kidnapped and held hostage during the incident.

At the time, Qatari officials assured that the abandoned baby was being cared for, and Prime Minister Khalid bin Khalifa bin Abdulaziz Al Thani tweeted: “We regret the unacceptable treatment of the female passengers… What took place does not reflect Qatar’s laws or values.”

Following the incident, Qatar initiated a criminal prosecution that resulted in a suspended jail term for an airport official involved.

However, lawyer Damian Sturzaker stated in 2021 that the women were suing due to perceived inaction from Doha. They sought a formal apology from Qatar and changes in airport procedures to prevent similar incidents in the future.

“By speaking up, we want to ensure that no woman is ever subjected to the demoralizing, horrendous treatment we experienced,” one of the women said.