NSW DUI... Can I get it spent

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abcon

Member
18 January 2019
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Hi. I have a DUI from NSW with a reading of 0.086 from 2015. It is currently obstructing me from getting a working holiday visa to Canada. Can I apply to have the conviction spent, if so how do I go about this? It was a first and only offence. I was convicted, fined $300 and my licence suspended for 3months.
 

Tim W

Lawyer
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28 April 2014
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In NSW, for PCA offences, there's basically no way to get a conviction spent ahead of time.
 

Tim W

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28 April 2014
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No, it doesn't.
 

Scruff

Well-Known Member
25 July 2018
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NSW
You would probably do better by having the relevant authority in Canada review their decision at that end.

Refusing a working holiday visa based on a single DUI offence from 3 years ago seems a bit extreme to me. A review might see that decision overturned.
 

abcon

Member
18 January 2019
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You would probably do better by having the relevant authority in Canada review their decision at that end.

Refusing a working holiday visa based on a single DUI offence from 3 years ago seems a bit extreme to me. A review might see that decision overturned.

Its stupid extreme but I have looked into it extensively... Canada is super super strict on DUIs and consider them a serious criminal offence in regards to immigration. Getting it over turned In Aus was my next hope.
 

Tim W

Lawyer
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28 April 2014
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You were found guilty, convicted, and penalised (fined).

Bottom line here is that with that conviction,
prima facie you cannot meet the Canadian equivalent of the "Character Test".

Other than seeking advice from an immigration lawyer in Canada
about the prospects of successfully running an Administrative Law appeal action in Canada*
I don't see where you have anywhere to go with this.


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* That is , making an application, having it refused,
and then appealing that refusal.
If there is any discretion available,
and if you even have standing.
Either way, the fees and time involved will be significant.