Your Problems Solved | 20 November 2004

Dear Mary…

Q. I don’t know whether you can help me but I thought it worth a try. About 15 years ago, I was charged, while on holiday in Australia, with a very minor offence which I felt was quite unjustified, and did not feel disposed to cancel my flight three days later and wait to appeal in court more than two weeks later. (I might also have lost my job, if I was three weeks’ late home.) I would now like to visit Australia again and am wondering if I will be turned back at the airport and/or charged with the original alleged offence and/or arraigned for skipping the country. I have recently been granted a visa to visit the country but this may not mean I won’t be arrested. If you are unable to answer this question, perhaps you would advise me as to how I might proceed as I have twice tried to phone the Australian High Commission but only managed to talk to a machine. I have also telephoned two local solicitors who have said they don’t deal with questions concerning Australian law.
J., the North of England

A. The spokesperson at the High Commission was naturally reluctant to spell out to me the precise extent of their computerised criminal records and/or whether or not you were likely to be arrested on arrival, despite, as you say, having acquired a visa. But why not go to www.immi.gov.au and, in the search box at the top right, type in ‘character requirement’ in which you will be able to probe further and eliminate your risk. The visa is not a guarantee of entry. You can still be stymied by the entry clearance migration officer at the airport deciding to wield his power.