Citizens debacle has no fast fix

THE uncertainty around the eligibility of sitting federal politicians will continue as Parliament returns next week, with High Court Chief Justice Susan Kiefel warning they should not expect “immediate” answers.

It came on the final day of hearings, in which the court also heard there was no difference between being a British subject and Australian when One Nation Senator Malcolm Roberts moved to Australia, but since then the “world has moved around him”.

The court yesterday concluded three days of hearings into the eligibility of seven current or former federal politicians who were dual citizens, including Deputy Prime Minister Barnaby Joyce and Senator Matt Canavan.

Senator Roberts was born in India, to a Welsh father and Australian mother, and the court has previously found he would have known there was a real prospect he was British.

But Senator Roberts’ barrister Robert Newlinds SC said the place of his birth was a “dangerous distraction” from the case.

“He is a natural-born Indian, whatever that means,” he said.

Mr Newlinds said when his client arrived in Australia in 1962 there was no difference in status between being a British subject and Australian, so it made no difference when he became an Australian citizen in 1974. But Chief Justice Kiefel questioned how this applied to his case.

“I just don’t understand the relevance of this historical state of mind. The relevant state of mind is the date of nomination,” she said.

“I accept when we got to 2016 times have changed and the red line moved or the world has moved around Senator Roberts in a way it’s not reasonable for him to have understood,” Mr Newlinds said.

Justice Kiefel reserved the court’s decision and said she was aware of a desire for a quick resolution.