VIC Video & Tape Recordings Without Consent for Immigration Evidence?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Missii

Well-Known Member
12 October 2014
22
0
121
If a person was secretly recording phone conversations or video tapping without the people's consent just so they can use it as evidence for immigration purposes.Would they be able to use the recordings as evidence? Is it legal under immigration law or illegal?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,082
737
2,894
Sydney
Yes, that person may have committed an offence by making those recordings.

The possibility of using them as evidence is a question that more complex.
Suffice to say that if a private person uses those recordings to harass, threaten, intimidate,
or blackmail a person (even if that person is an unlawful non-citizen), then they may be committing further offences.
 

Missii

Well-Known Member
12 October 2014
22
0
121
Yes, that person may have committed an offence by making those recordings.

The possibility of using them as evidence is a question that more complex.
Suffice to say that if a private person uses those recordings to harass, threaten, intimidate,
or blackmail a person (even if that person is an unlawful non-citizen), then they may be committing further offences.
The person has no sponsor. The person and family continuously make threats and supposable have recordings without the other people involved knowledge. If they had recordings would they be able to use that as evidence for a immigration investigation?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,082
737
2,894
Sydney
The person has no sponsor. The person and family continuously make threats and supposable have recordings without the other people involved knowledge. If they had recordings would they be able to use that as evidence for a immigration investigation?
As I said, it is a complex question.
It is important to understand that you cannot use any recordings of this type
to make counter-threats (such as using the recordings to force them to stop threatening you).
And while we on the subject - if you make threats to report somebody to Immigration, then you'd better do it, because the empty threat can be an offence in itself.

Your duty is simple and clear - If you know of people in Australia who are unlawful non-citizens,
then you should report them to Immigration.
Use this link.