PR app in process - CPC requests further information on DUI from 10 years ago

[command_shift_4]

Hi,

I am hoping someone has some experience with out situation and could maybe offer some insight.

My Common-Law spouse and I applied for PR through the Canadian Experience Class at the end of 2014. We are both Australian (from Queensland).

We have finally heard back from the Case Processing Centre requesting further information in regards to my spouse's DUI from 2002 in Australia. They have requested police certificates for both of us as well as the original police reports and court records from the incident. The DUI was recorded with a blood alcohol concentration of 0.064 (Queensland legal limit is 0.05) and this offence does not show on his Australian Federal Police Checks.

In this case we are not sure if this is a standard government update request since the offence does not show up on our police check or if criminal inadmissibility is an issue. I am trying to compare the offence with the Canadian Criminal Code to see if this would be considered a traffic offence rather than a criminal one.

My question would be (sorry for the ramble), should we just provide the information on the incident and wait and see which could mean we risk being denied or should he be taking precautions in regards to being deemed rehabilitated (the offence happened more than 10 years ago) which might not be necessary?

Any kind of insight into this would be greatly appreciated!

Thanks!!

 

[c2h5oh]

Based on this http://www.cic.gc.ca/english/information/inadmissibility/ and this http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp it looks scary, but from Immigration and Refugee Protection Act:

(2) A foreign national is inadmissible on grounds of criminality for
[...]

(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;

(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or

They want to check if he's inadmissible and that's why they are asking for the files. Note that I am not a lawyer, but my understanding is:

1. They want to check if that DUI would have been a DUI in Canada at all. Federal limit here is 0.08, so he's in the clear
2. They want to check if anybody got injured due to that DUI - if not then because it's been over 10 years since offence + max sentence for DUI with no injury is 5 years in Canada -> he could be deemed to have been rehabilitated even if offence qualified as DUI under Canadian law - again in the clear

Get the paper they ask for and consult a lawyer - I'm just a guy with no formal legal education and mad google skills.