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Minor US Criminal Offence - Eligible for Visa under Australian Immigration Law?

Discussion in 'Immigration Law Forum' started by Needhelpplease, 31 May 2015.

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  1. Needhelpplease

    31 May 2015
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    I may have been convicted of "alcohol open container" in the US which is a violation of NY and do not bar me from entering the US at all (25$ fine mailed).

    What about Australian law ? I would like to apply for a working holiday visa and it is hard to find what is eligible or not. I know crime is not but this is not a crime (local infraction) and does not even appear on Federal State file.

    Now what about Australia as I think (but I am not even sure !) that an alcohol open container in public space (street merely) is illegal too ? I heard that immigration law is really strict here and so that if it is forbidden too I am likely ineligible.

    Thank you very much.
  2. Tracy B

    Tracy B Well-Known Member

    24 December 2014
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    Hi Needhelpplease,

    If you have been convicted of a criminal offence overseas (including US), you should declare this on your immigration application when asked. You will unlikely be denied a visa based on such a minor offence. However, if you do not declare it, and the Department of Immigration later finds out, you may be found of committing a more serious offence of lying on your application. Dishonest acts are considered more serious breaches.

    Under Australian law generally (of course, it will depend on the individual state you are moving to), you are not allowed to drink alcohol in public. Having an open container may be seen as breaching is law (or similar). There are restricted areas that are certified by the government where you can drink in outdoors. These are outside restaurants and drinking venues whereby the owners of these places/events have applied and obtained a certificate to allow customers to drink within these areas.
    Mitchell Kelly likes this.
  3. Tim W

    Tim W Lawyer

    28 April 2014
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    I agree with @Tracy B above.

    I would add that if you paid a fine imposed via an infringement notice,
    but did not actually appear in court, then you may not have been convicted at all.
    Conviction is usually only the outcome of a trial.

    If you are in NY State, then contacting the Consulate-General of Australia in NYC
    may be helpful.
    Tracy B likes this.

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