SYDNEY, Australia: Five Australian women who say they were forcibly removed from a Qatar Airways flight and strip-searched by armed guards at Doha's Hamad Airport have won the right to sue the airline, after Australia's Federal Court overturned an earlier ruling on July 24.

The women were among 13 Australians subjected to invasive gynecological examinations in October 2020 after a newborn baby was found abandoned in an airport bathroom. The incident occurred across 10 Qatar Airways flights and sparked international outrage, damaging diplomatic ties between Australia and Qatar.

In 2022, five of the affected women launched legal action in Australia against Qatar Airways, MATAR (which operates Doha airport), and Qatar's Civil Aviation Authority. They alleged violations under the Montreal Convention, which governs airline liability, along with claims of negligence, assault, and false imprisonment.

The women say they were taken off their Sydney-bound flight at gunpoint, ordered to remove their underwear, and subjected to non-consensual physical examinations by a nurse inside ambulances on the tarmac. They are seeking damages for severe psychological harm, including depression and post-traumatic stress disorder.

In 2023, Justice John Halley of the Federal Court dismissed the case against Qatar Airways, arguing it had no reasonable chance of success. He also ruled that Qatar's Civil Aviation Authority was immune from prosecution under foreign state protections.

However, the Full Federal Court has now ruled that the case against Qatar Airways should proceed. The judges said the matter raised complex legal issues that couldn't be decided at the early dismissal stage.

"Whether or not the claims fall within the scope of the Montreal Convention is a complex issue," the court stated. "It is not suitable for summary dismissal."

As a result, the lawsuit against Qatar Airways and MATAR will move forward, and both companies have been ordered to pay the women's appeal costs.

Lawyer Damian Sturzaker of Marque Lawyers, who represents the women, welcomed the decision. "Our clients endured a traumatic experience that night in Doha. They deserve their day in court and compensation for their suffering," he said.

The court ruling marks a significant step in the women's long fight for accountability, nearly four years after the controversial incident that drew worldwide condemnation.