Criminal Conviction

[simonvee]

Hi,

I want to ask a question relating to a friend of mine who is from Western Australia (Perth). He got caught for drink driving (0.076). His license was suspended but no conviction. However, he got caught for drink driving again while is license was suspended. Again....no conviction. Under immigration laws it states that you are inadmissable if you possess a conviction. In this case, the offenses appear quite serious, nevertheless there is no conviction. Is my friend inadmissable for a WHV into Canada?

 

[matthewc]

From what it says here, it sounds like it probably depends on the blood alcohol reading for the second offense:

http://www.whpcanada.org.au/admissibility.shtml

You can't be found inadmissible for something that isn't a crime in Canada, so if the second BAC was less than 0.8 he's probably OK. If it was greater, then he'll be found inadmissible - that's my understanding anyway. IANAL TINLA etc.

 

[arron]

Get your friend to do a criminal record check off his own back, if he can. If there is no conviction, depending on the way australia's legal system and records are kept, he might not have any record at all. No record at all means no worries for immigration.