THE CI­TI­ZEN­SHIP SEVEN

The Australian - - THE NATION -

BARN­ABY JOYCE (Nat) FIONA NASH (Nat) Prob­lem: Cit­i­zens of New Zealand and Bri­tain when they nom­i­nated for par­lia­ment. De­fence: Born in Aus­tralia, they in­vol­un­tar­ily gained for­eign ci­ti­zen­ship by de­scent through their fathers and had no knowl­edge of their sta­tus. Be­cause they had no knowl­edge, they could not hold an al­le­giance to an­other coun­try. Sec­tion 44 does not cap­ture per­sons who un­know­ingly gain ci­ti­zen­ship by de­scent and take no ac­tion to ac­quire or re­tain it. Sec­tion 44 risk: Likely to fall foul if the court takes a black-let­ter ap­proach. MATT CANA­VAN (Nat) Prob­lem: Ci­ti­zen of Italy when he nom­i­nated for par­lia­ment. De­fence: Born in Aus­tralia, he be­lieved he had to reg­is­ter to be­come an Ital­ian ci­ti­zen. A 1983 law change that ret­ro­spec­tively made him an Ital­ian from birth was un­con­sti­tu­tional. Sec­tion 44 risk: Un­likely to fall foul if the court finds there is not suf­fi­cient ev­i­dence he was ever Ital­ian. SCOTT LUD­LAM (Grn) LARISSA WA­TERS (Grn) Prob­lem: Cit­i­zens of New Zealand and Canada when they nom­i­nated for par­lia­ment. Ar­gu­ment: Born over­seas, they ar­gue they are dis­qual­i­fied un­der sec­tion 44 of the Con­sti­tu­tion and should have made in­quiries into their ci­ti­zen­ship sta­tus be­fore nom­i­nat­ing for par­lia­ment. Sec­tion 44 risk: Likely to fall foul if the court takes a black-let­ter ap­proach. MAL­COLM ROBERTS (ON) Prob­lem: Ci­ti­zen of Bri­tain when he nom­i­nated for par­lia­ment. De­fence: Born in In­dia to a Welsh fa­ther and ap­plied to be­come an Aus­tralian ci­ti­zen in 1974, he be­lieved he was only ever Aus­tralian. He ar­gues he al­ready had the full rights of an Aus­tralian ci­ti­zen be­fore 1974, but had the ‘wit’ to check his Bri­tish sta­tus be­fore nom­i­nat­ing for par­lia­ment and there­fore took rea­son­able steps to re­nounce. Sec­tion 44 risk: Likely to fall foul if the court takes a black-let­ter ap­proach. NICK XENOPHON (NXT) Prob­lem: Bri­tish Over­seas Ci­ti­zen when he nom­i­nated for par­lia­ment. De­fence: Bri­tish Over­seas Cit­i­zens do not have the same rights as Bri­tish cit­i­zens, as they do not have the right of en­try or right of abode in the UK. There is also ‘no duty of loy­alty’ on the part of an un­reg­is­tered BOC to the UK. Sec­tion 44 risk: Un­likely to fall foul if the court finds he was not a Bri­tish ci­ti­zen.

Newspapers in English

Newspapers from Australia

© PressReader. All rights reserved.