Government admits Joyce a dual citizen
AUSTRALIAN COURT URGED TO FAST-TRACK MPS’ CITIZENSHIP CASES
The Turnbull government has asked the high court to hear the citizenship cases involving Deputy Prime Minister Barnaby Joyce and Matt Canavan in the middle of September because there is “compelling public interest” in achieving a swift resolution.
The submission to the high court by the attorney general, made public yesterday, requests that the cases involving Joyce, Canavan, the two Green senators — Scott Ludlam and Larissa Waters — and the One Nation senator Malcolm Roberts be heard on 13 and 14 September. The submission makes it clear the government does not dispute that Joyce is a citizen of New Zealand and Canavan is a citizen of Italy.
The attorney-general’s submission says a quick outcome to the controversy is required “given that they involve the qualifications of several sitting senators and a member of the House of Representatives, and that the judgement of the court may have direct implications for the qualifications of two more senators [Fiona Nash and Nick Xenophon] who have confirmed that they are dual citizens, and with respect to whom questions regarding qualification are likely to be referred by the Senate to the court of disputed returns when parliament next sits”.
Trading blows
It is unclear when the cases involving Xenophon and the Nationals deputy leader Fiona Nash will be heard, given they have not yet been referred by the Senate to the high court.
A directions hearing will be held tomorrow to consider the timetable for hearings.
The submission confirms the government has already obtained legal opinions from “leading lawyers” in Italy on the Canavan matter, and New Zealand in relation to Joyce.
The expert advice confirms the two Nationals are citizens of Italy and New Zealand for the purposes of domestic law in each country.
The submission says the government’s understanding is those basic facts will not be disputed, and consequently “provide a sufficient account of the applicable foreign law to provide the foundation upon which the court can determine those references”.
The court’s deliberations come as the major parties are continuing to trade blows over the citizenship fiasco.