Citizenship snarl spreads

TENS of thousands of Australians face being forced to the polls for a string of by-elections to deal with more dual citizenship stuff-ups by our federal politicians.

The constitutional storm that has engulfed the Parliament is now expected to see at least four more MPs referred to the High Court, each of whom held British citizenship when they nominated for last year’s election.

It is understood the Turnbull Government has legal advice that says all of them are in breach of the Constitution, and is willing to refer them to the court if they do not act themselves.

Nick Xenophon Team MP Rebekha Sharkie was last night revealed as the latest MP caught up in the saga, with the South Australian admitting her renunciation of British citizenship was not confirmed until after she nominated for last year’s election.

Labor MPs Justine Keay, Susan Lamb and Josh Wilson are in a similar predicament, although Ms Lamb has not revealed when her renunciation was finalised.

Independent Senator Jacqui Lambie and government MP John Alexander are also in hot water over their British citizenship, and there are fears more questionable cases will be discovered in a new disclosure process that will finish before the end of the year.

The Government is already fighting for Barnaby Joyce’s future at a December 2 byelection as the crisis threatens its wafer-thin grip on power in Canberra.

A strict reading of the court’s recent judgment — which knocked out four senators and the Deputy Prime Minister — suggests Ms Sharkie and the three Labor MPs would be unlikely to survive.

The Prime Minister told Ms Sharkie yesterday she may have to refer herself to the High Court, while he raised major concerns about Labor’s MPs in a letter to Opposition Leader Bill Shorten.

Mr Turnbull wrote that the UK renunciation process was “very straightforward” and that it was “hardly unreasonable” for political candidates to complete it.

“Essentially the case presented by your MPs, and perhaps others similarly situated, will be that they knew they were UK citizens at the time of nomination ... but should be excused not withstanding they did not get around to lodging their form in time,” Mr Turnbull wrote.

He pointed to the High Court’s decision to strike out One Nation’s Malcolm Roberts, whose British citizenship was not renounced until five months after the election.

The court also said the date of nomination was critical for deciding who was eligible, and weakened the “reasonable steps” argument Labor relied on.

Mr Turnbull’s letter was in response to Mr Shorten’s suggestions for the new citizenship disclosure regimen.

He wants all MPs to show what steps they took to renounce inherited foreign citizenship, but government sources said this was a “protection racket” for Labor MPs.

Mr Shorten asked Mr Turnbull to agree that there would be “no partisan referrals” to the High Court.

Ms Sharkie, whose seat of Mayo had always been held by Liberals, said she sought legal advice and believed she took “all steps that were required” to ensure she was eligible.

She said she would comply with the disclosure process and refer herself to the High Court if required.