An Australian man who says he was forced to hand over his phone to Border Force officers at the airport after returning to Sydney has labelled the experience as “traumatic”.
James and Mandy had returned to Sydney airport from a holiday in Fiji when James (who does not want to use his surname) says they were intercepted by a Border Force officer who asked the pair - who are Australian citizens - to step aside.
They were then taken to a separate room where they were required to surrender their mobile phones and passwords.
James says the officers informed them it was a random data security search and the pair were required to hand over their mobile devices or face the prospect of being arrested.
An Australian Border Force (ABF) spokesperson told 7NEWS.com.au that officers have the power to examine all goods at the border, including electronic documents, photos on mobile phones and other personal electronic devices.
Barrister and member of the Australian Lawyers Alliance Greg Barns says the current laws meant Australians were not well protected when returning home.
“The issue is because we don’t have proper privacy protections in Australia, we are not well protected and this can lead to an abuse of power by ABF officers,” he said.
Inside Australia’s borders, however, state and federal police are generally required to obtain a warrant to compel you to grant access to a device.
“In respect there are more limitations for them, but in a lot of cases ... they would need to have a warrant,” Mr Barns said.
James said his and Mandy’s phones were taken to a another room to be examined.
A Sydney couple have been left confused after their mobile phones were randomly seized and searched for over an hour upon their arrival into Australia.
He told 7NEWS.com.au they weren’t given any indication of why the search was being conducted nor how long it would take.
“They took our phones with them out of the room and away from us, so we had no idea what they were doing with them or what they were going through,” James said.
“In that moment, they had access to the most intimate details of our lives.
“I’ve got family photos, passwords, bank account details and emails dating back 15 years or so.
“We had no idea what our rights were as I’m sure a lot of Australians probably wouldn’t.”
James

said it was the first time the pair had ever experienced that kind of interaction with law enforcement.
“Neither of us have ever had that kind of confrontation before with authorities and we just aren’t used to it so we didn’t know what our rights were or anything,” he said.
“So to anyone who’s not used to that kind of confrontation with authority, it can be quite traumatic.”
He added that even though they understood the officers were just doing their jobs, they would have appreciated an explanation.
“I feel as though they should have to have some strong evidential grounds to do that and to invade our privacy like that,” he said.
“And at the end they didn’t apologise for any of it or tell us anything about the process and what happened we were just told we were free to go home.”
Home affairs responds
“The ABF exercises these powers in order to protect the Australian community from harm and deliver upon its mission to protect Australia’s border and enable legitimate travel and trade,” they said.
They urged anyone with concerns to raise them with the ABF officer or to log onto the Department of Home Affairs website.
“If a passenger has any concerns about questioning or examination they should raise these with the officer or their supervisor at the time of questioning and can provide feedback on the Department of Home Affairs website.”
However, the spokesperson also warned if an individual refused to comply with a request for an examination of their electronic device, they may be referred for further law enforcement action.
Lawyer’s perspective
Barrister Greg Barns said ABF officers must have reason to download or copy any information from an individual’s device and must record their reason for doing so.
Not all documents on a device can be copied by an ABF officer either - they must be considered for relevance before they are downloaded.
Mr Barns said Australians had the right to compensation if any harm was done to their property.
“You can appeal for compensation, however, if the officers damage or lose any of your data or belongings,” he said.
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One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

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Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

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A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

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On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

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The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

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Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
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