Labor frontbencher Katy Gallagher could be referred to the High Court after revealing British authorities did not confirm renunciation of her UK ties until two months after nominations closed for the 2016 election.
Senator Gallagher lodged paperwork, in line with a new parliamentary register of citizenship, on Monday confirming she completed a British citizenship renunciation form, with payment, on April 20, 2016.
But the UK Home Office wrote back on July 1, almost a month after election nominations closed, requesting original copies of her birth certificate and parents’ marriage certificate.
Labor frontbencher Katy Gallagher could be referred to the High Court
Senator Gallagher did not receive the formal renunciation document until August 16.
Her father was born in the UK in 1939.
In the mid-1990s she investigated the option of moving to the UK to work.
When she made inquiries at the time, British authorities told her she would need to go through a formal application process and if she did so it was likely she would be granted citizenship although it was not automatic.
The ACT senator told parliament in September that during the 2016 pre-election candidate vetting process Labor officials had advised her ‘out of an abundance of caution’ she should fill out a form renouncing her British citizenship.
Her disclosure had all of the information available to her over her eligibility, Senator Gallagher said in a statement.
‘Legal advice was provided to me by Dr Matthew Collins QC and an expert in British Nationality Law Mr Adrian Berry,’ she said.
‘Mr Berry finds that ‘…. Senator Gallagher had, prior to the date for nominations for the 2016 election, taken all of the steps that were required to be taken by her (not just the reasonable steps required) under British law in order to renounce her British citizenship’.’
Australian Conservatives leader Cory Bernardi revealed he held Irish citizenship but had lodged a form renouncing it in 2006, before he filled a Liberal Party casual vacancy in South Australia
Senator Gallagher said based on her legal advice she did not believe she should refer herself to the High Court.
‘However ultimately that will be a matter for the Senate to determine.’
Constitutional expert George Williams said there was no categorical answer to whether Senator Gallagher was ineligible.
‘Whenever renunciation is received after the close of nomination there is always the question have reasonable steps been taken, for which the High Court has not yet provided any guidance,’ Professor Williams told AAP.
Australian Conservatives leader Cory Bernardi revealed he held Irish citizenship but had lodged a form renouncing it in 2006, before he filled a Liberal Party casual vacancy in South Australia.
But he did not provide the Irish government’s formal reply to his renunciation.
Prof Williams said Senator Bernardi could fall into the same trap as former One Nation senator Malcolm Roberts, who tried to renounce his British citizenship via email to the wrong address, but did not receive the formal renunciation notification until too late.
This comes as Labor senator Doug Cameron revealed he was potentially eligible for Lithuanian citizenship
‘It’s obviously not enough just to send information in – you need to be diligent in following it up as well,’ Prof William said.
The larger problem with the declaration process was no independent person had been put in place to scrutinise the information and determine what should be taken forward to court.
‘It’s a really deficient process because who goes to the High Court will largely be determined by political factors and political self-interest … it’s hardly a process to give the community confidence.’
This comes as Labor senator Doug Cameron revealed he was potentially eligible for Lithuanian citizenship, ABC News reported.
He was born in Scotland but renounced his British citizen sip before nominating for parliament.
His citizenship forms revealed his grandparents left Lithuania in 1915.
Lithuania last year changed its law so descendants of citizens that left the country before 1940 could apply for dual citizenship.
Cameron said he would have to formally apply for dual citizenship, which he had not done.