what are your legal rights on re-entering Australia?

[medhead]

The tax office knows how much you earn so I personally don't see why such trivial information dispensed to another random govt official should be an issue. Out of interest, are you concerned about your answers being cross-referrenced with the ATO, et al? If enough people don't answer verbally, the question may be included on future incoming passenger card.

The ATO might know that information but there are strict restriction on when and how they can share that information with other random government departments. There used to be (and my information is quite old) strict order of precedence in government departments on getting information. e.g. the ATO could get info from most government departments but say the environment department couldn't get info from ATO. ATO couldn't get info from Defence.

Just because one government department has information is no reason not to protect that information from another government department.

 

[jessica1]

I think serfty is suggesting that the search process could be drawn out to take several hours.

I would expect they are able to ask any questions they feel are relevant to be used to determine if you are in breach of any immigration, customs or quarantine laws. So in some cases it may be relevant for them to ask about how your trip was funded as it is well known that many drug runners are low-income people whose trip is paid by someone else. So if they are suspecting a person of being a drug runner, the source of funds for the trip may well be relevant to help them clear a person of that suspicion.

Personally, I would not go down the refusal path as that is certain to increase any suspicion levels and likely to result in a very thorough search process that may involve more intimate details than your income .

When you're pulled aside for a 100% search they do just that.
100%
Just because you answer their questions won't reduce that to an 85% search or less.
Once you've been selected they will by duty complete the search irrespective of what you say.

 

[jessica1]

And such a scenario was seen on Border Patrol a few weeks ago. Turned out the lady was free to go, but by not co-operating they certainly made things hard for her

Border rubbish shows aren't a good indicator.
Large portions of the program are edited to make customs look right all the time (if they don't Customs can cancel the film crew).
Additionally, the guilty looking camera angles, dramatic music etc..
You really have no idea what happened with the woman.
In one programe they edited a persons answer and matched it to a different question, because he had his jacket off in one shot then on again in the other.

border security is produced by the same people who produce Today Tonight. Enough said.

My situation though would be someone who co operates with the search, remains calm, shows no evidence on drug swabs, nothing comes up in pat down searches etc.

I'm very sure that once they have completed the search of your bags and person if necessary, they have to officially detain you and tell you why, or let you go. They cannot make you simply wait for no other reason other than they are trying to force you to answer voluntary questions.

This is where reasonable cause comes in.
Due process seems to be followed, not simply "let's make her wait for hours to see if she'll talk."

 

[Flashback]

Border rubbish shows aren't a good indicator.
Large portions of the program are edited to make customs look right all the time (if they don't Customs can cancel the film crew).
Additionally, the guilty looking camera angles, dramatic music etc..
You really have no idea what happened with the woman.
In one programe they edited a persons answer and matched it to a different question, because he had his jacket off in one shot then on again in the other.

border security is produced by the same people who produce Today Tonight. Enough said.

My situation though would be someone who co operates with the search, remains calm, shows no evidence on drug swabs, nothing comes up in pat down searches etc.

I'm very sure that once they have completed the search of your bags and person if necessary, they have to officially detain you and tell you why, or let you go. They cannot make you simply wait for no other reason other than they are trying to force you to answer voluntary questions.

This is where reasonable cause comes in.
Due process seems to be followed, not simply "let's make her wait for hours to see if she'll talk."

Interesting point of view ... and what are you doing up so late?

 

[jessica1]

I think the point is that unless they legally detain you then you can simply walk out. Like in the TV cop shows. "Are you charging me? No? Good bye then."


To Jess, I suppect that you could politely refuse to answer - "does that matter" or maybe a joke something like "not enough", "enough to feed the kids" or "enough to keep me in beer". That sort of thing. You will soon find out if they have the power of compulsion in forcing you to answer. But if they exercise that power then they will no doubt have to go through a process. They will have to give the warning and also inform you of the power of making you answer. They have to tell you they are exercising that power to make you answer and also inform you of the consequences of forcing you to answer.

In one of my jobs where I had the power to force people to answer questions, exercising that power automatically prevented me from using the answer against the person, except if they lied in the answer. We had to inform the person of that restriction. Generally the power is only used to get evidence against another person.

If you not comfortable with a question, the best bet is to brush it aside with a joking non answer. That will then make them use their powers and they will be highly unlikely to do that unless they have very good reason to suspect you of something.

Best answer yet.
Thanks.
Section 195 of the customs act only says that you must answer the questions are you carring prohibited goods, dutiable goods or excisable goods. These you are forced to answer under penalty. But these are on the incoming card.
It mentions nothing about all other verbal questioning.
This leads me to believe that all other verbal questions "how much do you earn?"etc.. are not compulsory.

 

[Nigelinoz]

Best answer yet.
Thanks.
Section 195 of the customs act only says that you must answer the questions are you carring prohibited goods, dutiable goods or excisable goods. These you are forced to answer under penalty. But these are on the incoming card.
It mentions nothing about all other verbal questioning.
This leads me to believe that all other verbal questions "how much do you earn?"etc.. are not compulsory.

But aren't you assuming that Customs officers only have powers under the Customs Act? they may well have powers to question under the anti-terrorism act or whatever it's called and probably also the Immigraton Act.
I'm aware that immigration officers,for example,have the power to ask whatever questions are deemed necessary to establish a persons immigration status and perhaps customs officers have similar rights?

 

[jessica1]

But aren't you assuming that Customs officers only have powers under the Customs Act? they may well have powers to question under the anti-terrorism act or whatever it's called and probably also the Immigraton Act.
I'm aware that immigration officers,for example,have the power to ask whatever questions are deemed necessary to establish a persons immigration status and perhaps customs officers have similar rights?

You're confusing a few things there.
Customs are customs.
Immigration is Immigration.
Customs use the customs act, Immigration use the immigration act.
Immigration almost never, ever, speak to Australian born citizens upon entry regarding their status.
After all, they can't refuse an Australian born person on an Aussie passport clearance, they'll have no place to go, they can't deport them.
What you're saying would apply to a foreign national trying to enter Australia, but it would not apply to an Aussie returning from overseas.

 

[Dave Noble]

Rather than speculating, if you feel this to be a major issue, I would suggest taking legal advice rather than just debating the point on a forum. You should be able to get a clear concise factual response that way

Regardless, if you decide to be unco-operative, they are likely to be concerned why you are being awkward and whether you have anything else to hide. Whilst , if you answer their questions and let them get on their way, they may be easily satisfied, full searches and further verifying your legal status could easily delay you

Personally, I have had few occasions where I have been asked much more than if I am carrying any food, or, if I have ticked yes to the food box, what food. I have never been asked about salary when entering Australia, though have in some other countries

Dave

 

[openseat]

Immigration almost never, ever, speak to Australian born citizens upon entry regarding their status.
After all, they can't refuse an Australian born person on an Aussie passport clearance, they'll have no place to go, they can't deport them.
What you're saying would apply to a foreign national trying to enter Australia, but it would not apply to an Aussie returning from overseas.

Back in 2002 I had a rather awful experience arriving at 4am in Darwin with an Immigration officer who was questioning me about a visa from another (friendly to Australia) country. I was somewhat surprised as I was expecting the usual quick look and processing of the passport. It was escalated to the 'Overlord' who came over and started asking questions about where I was going and who was collecting me from the airport. I replied that I didn't think it was any of his business. After a bit of to and fro about this he told me to go. I did start to wonder whether I'd be there for hours - but I thought much the same as you, they surely can't deport me?

 

[Nigelinoz]

After having a read of the Customs Act I think I may have changed my mind on this issue, the act doesn't really offer much help though and whilst it does mention that an officer can question a passenger of any ship or aircraft about whether they are carrying declareable imports or prohibited items etc it also mentions penalties for refusing to answer any (emphasis mine) questions that an officer may put to a person,so whether that can be taken to mean that an officer can ask you any question he likes if he thinks it relevant to the issue is what we don't know although you would think that as it contains examples of questions that an officer may ask then they would actually be limited to asking those sorts of questions.

 

[medhead]

After having a read of the Customs Act I think I may have changed my mind on this issue, the act doesn't really offer much help though and whilst it does mention that an officer can question a passenger of any ship or aircraft about whether they are carrying declareable imports or prohibited items etc it also mentions penalties for refusing to answer any (emphasis mine) questions that an officer may put to a person,so whether that can be taken to mean that an officer can ask you any question he likes if he thinks it relevant to the issue is what we don't know although you would think that as it contains examples of questions that an officer may ask then they would actually be limited to asking those sorts of questions.

This is all quite correct, they can ask you any question that they feel is relevant. However, you are forgetting that you have a common law protection against self incrimination. If you refuse to answer a question then the ball is back in their court, they then can exercise their powers and make you answer, but at the same time they also have to provide the warning about the answer you are going to provide. If they do exercise their powers and you are totally innocent, then it is a big warning that they really do suspect something so you should be very helpful.

This is the trick of the game, they ask questions in a conversational manner to try to get you to answer something that should be asked under caution. While you are in conversational mode then you are perfectly entitled to not answer or to answer in a non-informative way - i.e. with a joke.

 

[jessica1]

This is all quite correct, they can ask you any question that they feel is relevant. However, you are forgetting that you have a common law protection against self incrimination. If you refuse to answer a question then the ball is back in their court, they then can exercise their powers and make you answer, but at the same time they also have to provide the warning about the answer you are going to provide. If they do exercise their powers and you are totally innocent, then it is a big warning that they really do suspect something so you should be very helpful.

This is the trick of the game, they ask questions in a conversational manner to try to get you to answer something that should be asked under caution. While you are in conversational mode then you are perfectly entitled to not answer or to answer in a non-informative way - i.e. with a joke.

Thanks, another good helpful answer.

 

[NM]

When you're pulled aside for a 100% search they do just that.
100%
Just because you answer their questions won't reduce that to an 85% search or less.
Once you've been selected they will by duty complete the search irrespective of what you say.

Jessica, your posting style in this thread suggests to me that you have some level of experience in this field. Do you work for an associated Australian government agency that has jurisdiction in this field? Or perhaps researching for some purpose?

My experience is as a passenger and I would have always expected there are different levels of search, rather than it being an all-or-nothing exercise as you have suggested. For example, I would not expect that every person whose bags are searched would also be subjected to an internal body search. I was suggesting that the process of undergoing a search could be drawn out (duration) as they progressively move from a rummage through bag contents, to detailed inspection of bags and contents, to personal frisk/pat down, to strip search to x-ray/ultrasound etc. I guess there is a point at which they either need the passenger's permission or to arrest and have a court directive to undertake certain levels of the search process.

It is my expectation that refusing to answer questions is likely to increase suspicion (what is this person tying to hide?) and hence may result in a more thorough process and longer duration of arrival formalities. While it may not be a legal requirement to answer some of the questions, I generally chose to answer all questions honestly and quickly as I believe I have nothing to hide and want to get through the border process quickly and with a minimum of pain/embarrassment.

 

[NM]

Immigration almost never, ever, speak to Australian born citizens upon entry regarding their status.
After all, they can't refuse an Australian born person on an Aussie passport clearance, they'll have no place to go, they can't deport them.

While a real Australian resident may not be able to be refused entry, I expect the immigration officers are looking out for things like false passports, fake identities etc. If found, the person may not be turned away but may find themselves being met by another branch of the country's law enforcement community and their freedom somewhat limited upon entry to the country. Holding what looks like an Australian passport does not automatically entitle someone unfettered entry into Australia. Entry into the country and being arrested at the border may be two separate things. It seems logical to me that the second could be triggered by a line of investigation initiated by questions from an Immigration officer at the passport control point. Such questions may not be common, but I expect they have the ability to investigate suspicions of illegal activity such as fraudulent documents, even if the person really is an Australian citizen or not.

Passenger: I am an Australian citizen and I demand to be allowed into Australia as it my right!
Immigration Officer: Certainly, sir. Welcome to Australia. Now watch your head as you step into this van that will take you to your holding cell while you await your court appearance.

 

[toottifruitti]

Every time I travel I get pulled to the side and checked out.

We travel at least once a year to HKG (going into SZ or GZ for a couple of days on visas), via BKK or SIN as it is not so far to travel. I am a carer and this is my respite. If I am at need at home it is the most a 9hrs flight. We travel on Ozzie passports.

When we we leaving for HKG via BKK from BNE the last time, I was asked by the Aussie customs to open my hand luggage and they went through it. They said they wanted to look at a ring pulled folder I had which had our itinery, hotel vouchers etc in it. I went to get it for them and they told me hands off. After this I was pulled to one side as they went over me with the metal detector then a drug swab of my clothing than a pat down. I found this all rather strange. I wasn't given any explaination to why this happen. I thought at the time maybe they are bored as it was 11.30pm and only 3 more flights out of BNE for the night.

Arriving in BKK was straight through. But returning to Oz from BKK, just before getting onto the plane once again I was taken to one side hand luggage searched, metal detector and patted down. When we arrived in Sydney for refueling again searched. Then onto BNE again searched.

 

[NM]

Every time I travel I get pulled to the side and checked out.

We travel at least once a year to HKG (going into SZ or GZ for a couple of days on visas), via BKK or SIN as it is not so far to travel. I am a carer and this is my respite. If I am at need at home it is the most a 9hrs flight. We travel on Ozzie passports.

When we we leaving for HKG via BKK from BNE the last time, I was asked by the Aussie customs to open my hand luggage and they went through it. They said they wanted to look at a ring pulled folder I had which had our itinery, hotel vouchers etc in it. I went to get it for them and they told me hands off. After this I was pulled to one side as they went over me with the metal detector then a drug swab of my clothing than a pat down. I found this all rather strange. I wasn't given any explaination to why this happen. I thought at the time maybe they are bored as it was 11.30pm and only 3 more flights out of BNE for the night.

Arriving in BKK was straight through. But returning to Oz from BKK, just before getting onto the plane once again I was taken to one side hand luggage searched, metal detector and patted down. When we arrived in Sydney for refueling again searched. Then onto BNE again searched.

It sounds like some of these "searches" were by security rather than by customs. Outbound in BNE would most likely be a security search, as would the transit in SYD. It sounds like there may have been something in your bag that looked suspicious to the x-ray that caused them to want to manually inspect the contents.

I have never heard of a drug swab being conducted outboud, but the security screening procedure outbound passengers does include random selection for explosive testing, which can appear similar in process. However, the nature of the testing and the fact its looking for explosives is generally made clear to the passenger when selected for the tetsing.

 

[Oneworldplus2]

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I don't thnik that they will get past this one if your really that paranoid.

 

[Evan]

And for 125 Euro less in price i think this also is a good option. Has all the features you can want for i think

TrueCrypt - Free Open-Source On-The-Fly Disk Encryption Software for Windows Vista/XP, Mac OS X and Linux

 

[Flashback]

And for 125 Euro less in price i think this also is a good option. Has all the features you can want for i think

TrueCrypt - Free Open-Source On-The-Fly Disk Encryption Software for Windows Vista/XP, Mac OS X and Linux

Gotta love Open Sauce! I too, can vouch for this software.

 

[JohnK]

I try to get through customs/immigration as quickly as possible so will answer most questions I am asked to speed up the process.

I have been selected for secondary screening a number of times and this one time in Brisbane my mobile phone was taken away and the "lady" customs officer went through all my personal items with a fine tooth comb and asking me the same questions over and over. I guess she was trying to trap me and she was really disappointed she could not find anything but even though I was delayed I had the last laugh as they wasted their time.