Citizenship row wedge
Some pollies have a defence, High Court told
DEPUTY Prime Minister Barnaby Joyce may be spared disqualification from parliament, according to the Federal Government’s top lawyer, but One Nation senator Malcolm Roberts may not be so lucky.
The pair and three other senators were referred to the High Court this month after it was revealed they did not meet the sole citizenship requirement of section 44 of the Constitution.
South Australian senator Nick Xenophon and NSW senator Fiona Nash are expected to join them when federal parliament next sits in September, before a threeday hearing in Canberra from October 10.
Solicitor-General Stephen Donaghue QC told a directions hearing in Brisbane yesterday there was a “clear demarcation line” between the politicians — those who had known they were a citizen of a foreign power and those who did not. Senator Roberts remains the most at risk of being disqualified as he may have officially renounced his British citizenship after his nomination.
The Queensland senator was born in India under British rule and applied to be an Australian citizen when he was 19 years old.
Dr Donaghue said the Commonwealth would argue for Senator Roberts’ disqualification if crucial documents officially renouncing his ties to Britain were found to be dated after his nomination.
The politicians who did not know they were a citizen of a foreign country at any time may escape disqualification because it was less reasonable for them to take steps to find out if they had ties to other nations, he said.
This could apply to Mr Joyce, whose father was granted New Zealand citizenship retrospectively and passed it on to his son without his knowledge.
Senator Nash and Senator Xenophon were also born in Australia and inherited British citizenship from their Scottish and Cypriot fathers respectively.
Queensland Liberal senator Matt Canavan was born on the Gold Coast to Australian-born parents, but automatically became an Italian citizen after the country’s laws retrospectively changed when he was a child.
Italy previously only passed down citizenship to the descendants of men, but the amendment gave rights to Senator Canavan’s mother, whose parents were Italian. Senator Canavan’s barrister David Bennett QC said he would argue foreign citizenship by descent should be ignored under section 44.
The issue of dual citizenship snowballed after West Australian Greens senator Scott Ludlam resigned in July following revelations he was still a New Zealand citizen despite moving to Australia when he was three.
His Queensland colleague Larissa Waters stepped down days later when she realised Canada changed its laws to no longer require people to actively renounce their citizenship a week after she was born in Winnipeg.