WHAT WAS CLAIMED
Donald Trump is not allowed to enter Australia or New Zealand because of his criminal conviction.
OUR VERDICT
False. Heads of state are not subject to regular visa processes requiring them to meet character tests, and the decision to permit entry of foreign government officials is at the discretion of the government.
AAP FACTCHECK - Donald Trump's US felony conviction does not bar him from visiting Australia or New Zealand, despite claims online.
Heads of state are not subject to regular visa processes requiring visitors to meet certain character tests in Australia and New Zealand, and host governments have the final say on whether or not to allow a foreign visitor entry.
Mr Trump was convicted on charges stemming from hush money paid to adult film star Stormy Daniels on May 30, 2024, and sentenced to unconditional discharge without a penalty on January 10, 2025.
On January 29, 2025, his lawyers formally notified a New York state court of his intent to appeal his criminal conviction.
A Facebook video claims that conviction would prevent him from visiting Australia, New Zealand and several other countries because he is a "convicted felon".
The video hovers over a world map and zooms in on various countries, with a voiceover declaring countries he cannot visit.
"Donald Trump is now a convicted felon. This means he won't be able to visit many countries that don't allow convicted felons to enter," the voice in the video claims.
International law and migration experts said the claim that Mr Trump's conviction would prevent him from entering Australia or NZ is false.
Visitors must meet several character requirements to be granted an entry visa to both countries.
Australia's Department of Home Affairs has listed a number of character grounds for refusing a visa, including a substantial criminal record, being found guilty of a sexually-based crime involving a person aged under 18 years or being convicted of escaping from immigration detention.
NZ Immigration also lists several reasons applicants could fail a character test, including being convicted and sentenced to prison for five years or more, being convicted in the last 10 years and sentenced to more than 12 months in jail, being banned from entering NZ or being deported from any country.
Professor Ben Saul, from the University of Sydney, said host governments ultimately have the final say on whether or not to allow a foreign visitor to enter.
"Decisions whether to permit the entry of foreign government officials is a political discretion of the government of each country," he told AAP FactCheck.
Prof Saul also said it was "more customary" for character tests to be waived for visiting heads of state.
Professor Alexander Gillespie, an international law expert at the University of Waikato, said character requirements were aimed at protecting public safety, which is why criminal convictions were assessed, but convictions alone were rarely "an absolute bar" to entry.
"The key is the Minister of Immigration, who has a discretion," Prof Gillespie told AAP FactCheck.
"A visiting head of state is very unlikely to be barred, especially from a friendly country."
Professor Donald Rothwell, an Australian National University international law expert, said heads of state bypassed the standard visa rules under the 1958 Migration Act when visiting Australia on official business.
"The Migration Act would not be applicable to a sitting US president coming to Australia on an official visit," Prof Rothwell told AAP FactCheck.
Professor Mary Crock, a migration law expert at the University of Sydney, said the claim was "nonsense" as there was a separate entry process for heads of state.
While in theory, under the character test of the Migration Act, Mr Trump could be denied entry over a criminal conviction, it remained discretionary.
She also said Mr Trump's crime was "not of sufficient gravity" for him to be considered a criminal by Australia or NZ anyway.
"He is not going to be denied entry anywhere," Prof Crock told AAP FactCheck.
AAP FactCheck is an accredited member of the International Fact-Checking Network. To keep up with our latest fact checks, follow us on Facebook, Twitter and Instagram.
