Sunday, 09 December, 2018

Labor Senator Katy Gallagher faces High Court referral over dual citizenship

Katina Curtis                                                       Tuesday Katina Curtis Tuesday
Kenny Thornton | 06 December, 2017, 18:02

Labor's Tony Burke has conceded that backbencher David Feeney might have to be referred to the High Court because he can not find paperwork to show that he renounced his British citizenship.

A Labor frontbencher faces referral to the High Court as the citizenship crisis threatens to engulf a new wave of MPs whose renunciation was not confirmed until after last year's election.

Mr Burke said Labor would make that referral if the documents can not be found.

While some provide citizenship records dating back to the 19th century, others give few details or documents, prompting calls for the High Court to consider their cases. "On that basis, if I have still been unable to locate the relevant documents by the time this issue is dealt with by the House of Representatives, I will be asking the manager of opposition business to refer this matter to the High Court", he said.

Opposition Labor Senator Katy Gallagher referred herself to the High Court on Wednesday and has quit her Senate positions, the Guardian reported.

If it loses a by-election in Sydney on December 19, or the court ousts another lower-house MP, it would be forced to depend on a handful of independent lawmakers to retain power and pass laws.

Ms Keay, whose father was born in the United Kingdom, completed a declaration of renunciation on May 9, a month before the close of nominations for the 2016 election. The application has therefore been refused'.

She said she'd taken all reasonable steps to renounce her British citizenship.

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He said there was no doubt that the Labor MPs had dual citizenship at the time of the 2016 election.

The Mackellar MP wrote on his citizenship declaration form lodged with parliament on Tuesday he had made inquiries of both the Polish consulate and UK High Commission and searched 'archival material.

At least four other MPs have sought legal advice over their citizenship status with Alex Hawke, Nola Marino, Julia Banks and Anne Sudmalis all requesting further clarification. These MPs had not provided the needed evidence to prove they weren't dual citizens, he said.

Senator Gallagher emphasised in the Senate that she has legal advice that she is eligible.

The former ACT chief minister did not receive confirmation of her United Kingdom citizenship renunciation until two months after nominations closed for the 2016 federal election.

Documents made public by Federal Parliament yesterday show former ACT chief minister Katy Gallagher, who gained British citizenship by descent through her father, submitted forms to relinquish her British citizenship on April 20 a year ago.

But the UK Home Office wrote back on July 1, nearly a month after election nominations closed, requesting original copies of her birth certificate and her parents' marriage certificate.

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