Crossbench senator Derryn Hinch has said it is a "huge relief" to learn he will not be referred to the High Court, after he raised concerns about his eligibility to sit in the Parliament.

Earlier this week, Senator Hinch said he would ask the High Court to decide if he was in breach of the constitution because he holds a social security card from the United States.

Loading

Section 44 of the constitution not only bans anyone with allegiance to a foreign power from sitting in Parliament, it also disqualifies anyone who is "entitled to the rights or privileges of a subject or citizen of a foreign power".

But Senator Hinch said, after a "ghastly few days", the Government had found it was legal for him to sit in the Upper House.

"I'm glad the Government has accepted the same advice given to me this week by two august constitutional lawyers," Senator Hinch said in a statement.

Do you have a parent born overseas? Check your citizenship here: Britain

Britain New Zealand

New Zealand Canada

"I offered to go to the High Court because, if I didn't, critics would say 'what are you hiding?'.

"It would have been a disgraceful waste of the High Court's time and money — taxpayers' and mine."

Senator Hinch said Labor agreed he should not be referred to the High Court.

The Victorian senator holds the US social security card from his time living in New York in the 1960s and 1970s.

The influential crossbencher renounced his New Zealand dual citizenship before entering Parliament and has previously said he had "no sympathy" for "dual-citizenship slackers" who have been engulfed by the controversy.

Senator Hinch is continuing to call for an independent audit of all parliamentarians over dual citizenship concerns.