Customs officials can search your phone

Like something out of a scene from TV’s Border Patrol, people coming into Australia on a visa are often searched for anything that may lead customs officials to suspect that there may be an actual or intended breach of the person’s Australian visa conditions.  If such evidence is found, there is a serious risk that their visa will be cancelled.

In the past, such evidence has included hard-copy documents, such as CVs or employment references, evidencing an intention to work on a Visitor Visa (no work allowed).  However, in today’s electronic age customs officials will look at material stored on your mobile phone or laptop, including text messages, pictures and emails.

Searches “without a warrant” by customs officials of a persons electronic devices is allowed under s252 of Australia’s Migration Act.  The provision in the Act extends to allow searches of “any property under the immediate control of the person”.  However, officials must have reasonable grounds for suspecting there are reasonable grounds for cancelling the person’s visa.

Here is what ABC news reported: https://www.abc.net.au/news/2018-06-14/airport-searches-of-your-phone-and-computer/9866134