THROW AWAY THE KEAY
New documents reveal the High Court might have to ...
BRADDON MP Justine Keay has lodged information confirming she may have been constitutionally ineligible to stand for Federal Parliament because she was a dual British citizen.
The information shows Ms Keay, pictured, did not receive official renunciation of her British citizenship until July 11 last year – more than a month after the critical nomination date of June 3. It is likely her case will now be heard by the High Court.
BRADDON MP Justine Keay will likely face the High Court to decide if she can remain a member of Federal Parliament after it emerged she may have been ineligible at the time of her election because of her status as a dual citizen.
Ms Keay, among a string of MPs caught up in the citizenship debacle, lodged documents with parliament that show she did not receive official renunciation of her British citizenship until July 11, nine days after the election and a month after the critical nomination date of June 3.
It is likely she will face referral to the High Court as the Government and Labor talk about a bipartisan process.
Ms Keay’s details were published late yesterday after members of parliament lodged details by 9am yesterday.
Ms Keay released a statement last night.
“As I have said all along, I took all reasonable steps I could be nominated for Parliament.
“The expert legal advice I have is that I have satisfied the requirements of the law and at all times I have been eligible to sit in the Parliament.
“That’s what the documentation released today shows.
“I have released all documentation — unlike a slew of Liberal MPs who have refused to do so tonight.
“It’s time for Turnbull’s MPs to be honest and release their documents like I have.
“It was Labor’s proposal to ensure all MPs and senators make full citizenship disclosures — Turnbull and the conservatives are still happy to keep their dual citizens hidden.
Liberal Senator Eric Abetz said the documents confirmed what he had suggested all along.
“Ms Keay was still a British citizen under British law when she both nominated for and was elected to the Parliament,” he said.
“Ms Keay’s obfuscation has been exposed and she clearly has a case to answer.”
Ms Keay is among a number of Labor members under a cloud as well as Nick Xenophon Team member Rebekha Sharkie.
Ms Keay’s details reveal she began the renunciation process on May 9 last year and posted the form by registered post on May 13. The docu- ments were delivered to the British Home Office on May 23.
Ms Keay was elected on July 2 and on July 11 the Home Office advised her that her British citizenship had been renounced.
She received Labor nomination in June 2015.
The details supplied show Ms Keay as born in Tasmania but had a British father and British paternal grandparents.
Tasmania has already lost two senators, Jacqui Lambie and Stephen Parry, to the citizenship crisis.
Ms Keay’s statement contained a legal opinion from Ray Finkelstein QC that claimed Ms Keay had taken all reasonable steps, the 1992 High Court test, to renounce.
“The only reason she remained a British citizen at the time of her nomination as a candidate and at the time she was elected as a member of the House was the time it took for the Home Office and Secretary of State to process her declaration,” he said.
Mr Finkelstein did not agree with constitutional law academics who expressed the view that “all reasonable steps” was insufficient.
Also yesterday the Australian Greens said they would support the referral of members of parliament under a dual citizenship cloud to the High Court.
Leader Richard di Natale’s statement came as Labor said it would work with the Government on a bipartisan approach.
Denison MP Andrew Wilkie, who has a crucial crossbench vote if it descends into a partisan battle, said he was inclined to support all referrals to the High Court.
“Any dispute over any member’s eligibility demonstrates uncertainty and the only way to resolve that uncertainty is to refer it to the Court of Disputed Returns,” Mr Wilkie said.
Senator di Natale said the Greens would support referrals as long as it did not become a partisan process.
Ms Keay is one of a number of Labor MP’s including Senator Katy Gallagher being targeted by the Government while Labor also has a list of Coalition members it believes have citizenship doubts.
Opposition Leader Bill Shorten said that once all the disclosures were in Labor would sit down with the Government and the crossbench on the next steps.