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QLD Permanent Resident Drink Driving - Criminal Record

Discussion in 'Immigration Law Forum' started by Motuben, 12 May 2015.

  1. Motuben

    Motuben Member

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    I have had Australian permanent residency for over 20 years with a clean record. I am a New Zealand citizen and recently came home for a holiday where I have been charged with drink driving. I blew over double the legal limit.

    Is my return to Australia as simple as ticking "yes" in the criminal conviction box on the immigration card? Is this a criminal conviction on my criminal record? Can I tick no? This is a first criminal offence.
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Motuben,

    Your drink-driving offence, did you have to attend court and receive a conviction? What was the penalty you received in NZ?

    I doubt this will be recorded against your criminal history given it is your first offence. However, if it is, and you do declare it, it will unlikely prevent you from coming into Australia. Australia is primarily concerned with behaviour concerns where imprisonment is involved.
     
  3. Motuben

    Motuben Member

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    Thanks for your reply.
    My court date is in a few weeks time. By the sounds of it I will receive a 6 month ban and 800 dollar fine. Because it holds a "possible" jail term they class it as a criminal conviction here as far as I can tell.
    If I tick no in the criminal conviction box on my return to Australia will that be taken as a lie?
     
  4. Sarah J

    Sarah J Well-Known Member

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    If you are convicted by court in NZ then you should tick "yes". This counts as a criminal conviction. There should be a further information section where you can explain what the offence was, what your sentence was etc.
     

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