Former resources minister Matt Canavan. Credit:Glenn Hunt "It has been a shock to me over the past week to find out I could have been an Italian citizen," he said. "The legal advice that we have, it leads us to conclude I am not in breach of section 44 [of the constitution], and for that reason the government will refer it to the court of disputed returns, the High Court, and they are now the appropriate body to make these determinations," he said. "I think it's important we let that process run now and let the court make its decision. It's obviously important for me but it's now a decision which is not just about my circumstances, it's going to establish principles which go to the heart of eligibility of many Australians to stand for Australian Parliament. It's an important legal question." Senator Canavan admitted he had considered quitting Parliament entirely - as former Greens senators Larissa Waters and Scott Ludlam did when they found out they were dual Canadian and New Zealand citizens, respectively, but had decided not to because of the legal advice he had not breached section 44.

Critics have argued Barnaby Joyce should be relieved of the water resources portfolio. Credit:Alex Ellinghausen Section 44 precludes people from being candidates for the federal parliament if they are "under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power". The LNP senator would not specify what was said when he had a conversation with his mother about her initiating the process for him to become an Italian citizen. "My Mum acted with what she thought was my best interests and had no idea of the ramifications around any of this until the matters involving the two Greens senators were in the media the last couple of weeks," he said. "I had no suspicion of any of these matters. I was working on the presumption you would have to fill out forms, give consent and sign papers to become a citizen of another country and I've never received correspondence from - correspondence from Italian authorities regarding this."

"I have not received any correspondence from Italian authorities - ballot papers, other correspondence or anything until the past week." Greens leader Richard Di Natale - who himself has had to prove that he renounced his Italian citizenship said, quoting his father, "their's a whiff about this" and that Senator Canavan should resign from the Parliament. Barbara Cova, an immigration and citizenship law expert at Italian law firm Mazzeschi, said it was not possible for someone to become an Italian citizen without signing any forms.



"A formal application and forms must be signed in front of the Consular officers," she said.



She said it was only possible for parents to secure citizenship for their children without their consent if they are under 18.



Italian consulates around the world all use the same forms, which must be signed in the presence of officials, she said.



But Donald McLean, who runs Italian Citizenship and Genealogy Services, a private company that helps people claim Italian citizenship, said: "Mr Canavan could indeed have acquired Italian citizenship without any action on his part and possibly even without his knowledge.



"Once [Senator Canavan's mother] had her citizenship, all she had to do for his citizenship to be recognised was to inform the Italian consulate that he had been born and to submit his birth certificate, and likely her marriage certificate as well."



Mr McLean said that, under the principle of "law of blood", Senator Canavan was Italian at birth but this would not have been officially recognised until his mother confirmed her own citizenship.



He added it would be "very unlikely" for Mrs Canavan not to have been aware at the time that she was claiming citizenship for her son.



"She could have neglected to tell her son, I suppose, but that would seem to be a strange thing to omit considering that he says he was aware that she had applied for and received her Italian citizenship," he said. Follow us on Facebook