Dual citizenship: Which politicians still have questions to answer in this constitutional mess?

Updated

In what's been dubbed "the world's most ridiculous constitutional crisis", section 44(i) of the Australian constitution continues to wreak havoc.

It's claimed a deputy prime minister, seven senators and a couple of MPs, and that number could still rise.

We know it can be hard to keep up with what's happening, so here's a quick rundown of the other people in Parliament who have been drawn into the mess.

This story is updated as more politicians have questions raised — or answered — about their backgrounds.

Only prominent politicians are included in the "In the clear?" section.

Know something about an MP's background that could raise questions? Email us

Dual citizen: Katy Gallagher (Labor)

Senator Gallagher's mother was born in Ecuador to British parents. But she has strongly denied being a dual citizen, saying the matter has been fully disclosed and investigated.

She said the 2008 Ecuadorian constitution, which grants citizenship to anyone born in the country, did not apply when her mother was born and was not retrospective.

The documents provided to the citizenship register in December show Senator Gallagher had taken the steps required to give up the UK citizenship before nominations closed, but she did not receive confirmation from the UK Home Office until August 16, which was two months after nominations closed.

Senator Gallagher was referred to the High Court, and it later found she had not taken the reasonable steps to renounce her citizenship, so was ineligible to sit.

Resigned: Justine Keay (Labor)

She admitted she only moved to renounce her UK citizenship one month before the close of nominations at the last federal election.

However she revealed she did not actually receive confirmation her citizenship had been renounced until July 11 — more than a week after the federal election.

She provided evidence of these dates to the citizenship register in December.

After Katy Gallagher was found ineligible by the High Court, Ms Keay announced her resignation from the House of Representatives.

Resigned: Susan Lamb (Labor)

The member for Longman in Queensland was born in Australia to a British father and automatically obtained UK citizenship by descent.

In documents provided to the citizenship register in December, Ms Lamb included an application to renounce her citizenship sent to the UK Home Office in May 2016.

But a letter back to Ms Lamb from the UK Home Office, also provided to the citizenship register, said she had not provided enough evidence for them to ascertain her citizenship and therefore it could not be renounced.

She later explained to the Parliament that she had been estranged from her mother since she was six years old, and since her father died 20 years ago she could not access her parents' marriage certificate in order to provide it to the UK Home Office as evidence.

After Katy Gallagher was found ineligible by the High Court, Ms Lamb announced her resignation from the House of Representatives.

She flagged her intention to re-contest her seat in a by-election, but Labor leader Bill Shorten later confirmed Ms Lamb was yet to officially renounce her citizenship. He said this would be processed in time for Ms Lamb to run in the by-election.

Resigned: Rebekha Sharkie (NXT)

The Nick Xenophon Team member for Mayo was born in the United Kingdom and migrated to Australia when she was one year old.

She has maintained that she renounced her citizenship before she nominated for the seat of Mayo at the 2016 election, but the Prime Minister advised she may have to refer her matter to the High Court.

The key question is over the timeline of Ms Sharkie's citizenship being renounced and nominations closing for the election.

According to the High Court, any person nominating for federal parliament must be compliant with section 44 of the constitution — which pertains to dual citizenship — before the closing date for nominations.

Ms Sharkie stated she applied to renounce on April 19 last year, before the date for nominations closed, but it was not registered until June 29, afterwards.

She provided copies of her application and receipt to the citizenship register in December.

After Katy Gallagher was found ineligible by the High Court, Ms Sharkie announced her resignation from the House of Representatives.

Resigned: Josh Wilson (Labor)

The Labor MP for Fremantle was born in England.

He was elected in 2016, and has previously provided documentation to media confirming he has renounced his citizenship.

Questions have been raised over whether the renunciation occurred prior to his nomination.

In documents provided to the citizenship register in December, it was confirmed he applied for renunciation of British citizenship on May 12, 2016, but it did not come into effect until June 29 — 20 days after the June 9 deadline.

After Katy Gallagher was found ineligible by the High Court, Mr Wilson announced his resignation from the House of Representatives.

Questions raised: Jason Falinski (Liberal)

The Member for Mackellar's father, now an Australian citizen, was born in a region of the former USSR that currently falls in Kyrgyzstan.

Mr Falinski claims he previously enquired about a Polish passport (through his Polish-born paternal grandfather) and a UK ancestry visa (through his UK-born maternal grandfather) and was denied both.

In documents provided to the citizenship register in December, Mr Falinski said he had made inquiries with the Polish consulate and UK High Commission in Australia and sought further legal advice to confirm his status as a solely Australian citizen.

He did not provide any evidence of that correspondence to the citizenship register.

Questions raised: Nola Marino (Liberal)

Nola Marino has denied reports she may have become a dual-Italian citizenship when she married her Italian-born husband.

In documents provided to the citizenship register in December, she asserted she had legal advice that assured her she was not Italian by marriage.

She also drew on arguments heard in the High Court relating to Matt Canavan that state a person would need to register to become an Italian citizen that way.

Ms Marino said she had never registered.

She also has links to the US and Sweden, but argues in documents provided to the citizenship register she was never entitled to citizenship of either country.

Ms Marino did not include documents from any authorities confirming this.

Questions raised: Ann Sudmalis (Liberal)

An incoming passenger card suggested the Member for Gilmore on the New South Wales south coast travelled to Australia as a British national in 1966.

Initially she provided a statement saying she had never held British citizenship.

She subsequently posted on Twitter a form appearing to confirm she was not a British citizen, although the UK Government website states this form should be used if "you are living in the UK and you need proof that you have not gained British citizenship while you have been here".

In documents provided to the citizenship register in December, Ms Sudamalis included a letter from a case worker at the UK Visas and Citizenship Department, dated August 16, 2017, stating she had no automatic claim to become a British citizen by descent.

In the clear?: Tony Abbott (Liberal)

Former prime minister Tony Abbott was born in the UK and in the past faced calls from the public to prove he was not a dual citizen.

Mr Abbott released documents proving he renounced his British citizenship on October 12, 1993. He was elected to Parliament in 1994.

He later provided those documents to the citizenship register in December.

In the clear?: Anne Aly (Labor)

The Labor MP for Cowan was born in Egypt before her family relocated to Australia when she was a child.

Dr Aly contacted the Egyptian embassy to renounce her citizenship in May 2016, a month before nominations closed.

She provided a letter from the Egyptian embassy confirming her renunciation to the citizenship register in December. That letter said "the request was presented by [Dr] Aly on May 4, 2016", but the letter itself is dated July 31, 2017.

After one Labor senator and three MPs were forced to resign over a High Court decision, party leader Bill Shorten asked Dr Aly to confirm her citizenship status with the Egyptian authorities.

Dr Aly then released a letter she received from the Egyptian embassy confirming her citizenship had been renounced on May 6, 2016.

In the clear?: Julia Banks (Liberal)

Julia Banks' father was born in Greece, and there were fears this may confer citizenship to her by descent.

The Liberal Party claimed to have made enquiries with the Greek Embassy, and the party told the ABC, "we have received confirmation from the Greek Embassy that according to records Julia Banks is not registered as a Greek citizen and also is not entitled as a Greek citizen".

A copy of that advice was included in documents provided to the citizenship register in December.

In the clear?: Cory Bernardi (Conservative)

The father of the Australian Conservatives senator was born in Italy.

In documents supplied to the citizenship register, he reaffirmed claims that because his father became an Australian citizen before he was born, he was never eligible for Italian citizenship.

Senator Bernardi did not provide further evidence regarding his right to Italian citizenship, but he did show documents that prove he renounced Irish citizenship, obtained through marriage, in 2006.

In the clear?: Doug Cameron (Labor)

The Scottish-born senator told Lateline in July internal processes in Labor would not have allowed him to become a candidate if he was a dual-citizen.

"I couldn't nominate until I had proof that I renounced my citizenship," he said.

He supplied documents to the citizenship register in December that show he renounced his UK citizenship in 2007.

They also showed he may have been eligible to claim Lithuanian citizenship through his maternal grandparents.

But Senator Cameron said to acquire Lithuanian citizenship he would have to apply, and he confirmed he had not done so.

In the clear?: Richard Di Natale (Green)

The leader of the Greens has Italian heritage but provided a 2004 letter on Twitter from the Italian Consulate General confirming he was not an Italian citizen.

He included that letter in documents provided to the citizenship register in December.

In the clear?: Josh Frydenberg (Liberal)

The senior Government minister's mother was born in Hungary and escaped the Holocaust to Australia, arriving as a child via a refugee camp in 1950.

Hungary has rules that can confer citizenship by descent, creating a potential problem for Mr Frydenberg, who has engaged an investigator in Budapest and made inquiries to the Hungarian embassy.

Mr Frydenberg has produced immigration entry documents from 1950 that describe his mother as "stateless".

He did not include any official documentation to the citizenship register in December, but argued he had sought legal advice from experts in Hungarian, Polish and Australian law.

In the clear?: Alex Gallacher (Labor)

The South Australian senator was born in Scotland in 1954 and arrived in Australia in 1966.

Senator Gallacher provided documents to the citizenship register in December that show he renounced his British citizenship in 2010.

In the clear?: Steve Georganas (Labor)

Steve Georganas's parents migrated to Australia in the 1950s.

In documents supplied to the citizenship register in December, Mr Georganas included a letter he sent to the Greek Consul General seeking renunciation of any Greek citizenship he may be entitled to.

He did not include a response from the consulate or Greek embassy.

In the clear?: Peter Georgiou (One Nation)

One Nation's West Australian senator stated on Twitter he was not a dual citizen.

A spokesman told ABC News the senator was born in Perth, and although he may be entitled to Greek citizenship through his migrant parents, he had not followed through with the application process.

Documents provided to the citizenship register in December included a letter from the Helenic Republic embassy of Greece in Canberra dated November 30, 2017, advising that Senator Georgiou could not be considered a Greek citizen because his birth was not registered with Greek authorities in Australia.

In the clear?: Lucy Gichuhi (Independent)

The now-Liberal senator replaced Family First's Bob Day after he was ruled ineligible over breaching a different part of section 44 of the constitution.

Labor challenged that replacement, citing concerns she may be a dual-citizen because she was born in Kenya.

The High Court found the she had migrated from Kenya to Australia in 1999 but never held dual citizenship, so ruled her eligible to win the seat.

She included that evidence in documents provided to the citizenship register in December.

In the clear?: Alex Hawke (Liberal)

The mother of Assistant Immigration Minister Alex Hawke migrated to Australia from Greece in the 1950s.

He provided the following statement to ABC:

"I was born in Wollongong, have lived my whole life in Australia and have only ever solely held Australian citizenship," he said.

"I am an Australian citizen only and have never held or acquired or sought Greek or any other citizenship."

Mr Hawke provided a letter from the Greek embassy, confirming he was not a Greek citizen.

In the clear?: Madeleine King (Labor)

The father of Western Australian MP Madeleine King was born in England.

Elected in 2016, her first speech described her father's upbringing in England in the midst of World War II, "hiding from bombs with his mother and sister under the kitchen table".

She has shown the ABC a letter that confirms she renounced her British citizenship before the cut-off date, the close of nominations for the 2016 federal election.

She also provided that letter to the citizenship register.

In the clear?: Sue Lines (Labor)

Senator Lines was entitled to UK citizenship by descent through her British father.

Documents provided to the citizenship register in December show she applied to renounce her UK citizenship on March 17, 2013.

In the clear?: Brendan O'Connor (Labor)

Labor veteran Brendan O'Connor was born in London and has Irish-born parents and grandparents.

In documents provided to the citizenship register in December, Mr O'Connor included a letter from the British High Commission dated September 8, 2010, confirming he had renounced his British citizenship.

He also included a letter from the Irish Justice Department confirming his renunciation of Irish citizenship.

In the clear?: Deborah O'Neill (Labor)

The parents of the ALP senator for New South Wales are Irish.

Following questions about her citizenship status, she provided the following statement to the ABC:

"Prior to my preselection to run for the seat of Robertson in 2010, I renounced my Irish citizenship and handed in my passport to the Irish embassy. Any assertion otherwise is a lie."

Documents provided to the citizenship register in December show she ceased being an Irish citizen on July 17, 2010, prior to contesting the 2010 federal election.

In the clear?: Tony Pasin (Liberal)

Both of Mount Gambier-based MP Tony Pasin's parents and all of his grandparents were born in Italy.

Mr Pasin's father came to Australia as an 18-year-old.

His local paper, The Border Watch, reported in August it had seen evidence he was not an Italian citizen.

In documents provided to the citizenship register in December, he included a letter from the Italian consulate saying he was not eligible to apply for Italian citizenship.

In the clear?: Tanya Plibersek (Labor)

The Member for Sydney was born in in Australia to Slovenian migrants.

She has described calls for Labor MPs to produce evidence they are not in breach of section 44 "a bridge too far".

Ms Plibersek said she was "100 per cent confident" she was not a dual citizen.

In documents provided to the citizenship register in December, she included a letter from the Slovenian embassy confirming she had never been a Slovenian citizen.

In the clear?: Michelle Rowland (Labor)

Labor's member for Greenway was born in Australia to a Fijian mother.

Her background is similar to Labor senator Lisa Singh, who discovered in 2010 she had been given automatic British citizenship as a birthright from her Fijian father.

Senator Singh produced a letter confirming her renunciation.

Ms Rowland did not provide a similar letter to the citizenship register in December, but detailed the parts of the Fijian constitution that showed only men could transfer citizenship by descent when Ms Rowland was born — not women like her mother.

Later updates to the constitution allowed women to pass on their citizenship, but Ms Rowland's reasoning claims this was not retrospectively applicable, so was not relevant to her citizenship.

She reiterated she had never applied to become a Fijian citizen.

In the clear?: Bill Shorten (Labor)

The father of Labor leader Bill Shorten was born in Britain.

He provided a 2010 letter from the UK Home Office confirming he had renounced his citizenship in 2006.

He also gave that to the citizenship register in December.

In the clear?: Arthur Sinodinos (Liberal)

Both parents of the New South Wales senator were born in Greece.

He issued a statement to the media in November claiming he confirmed with the Government of Greece he had never held Greek citizenship.

In documents provided to the citizenship register in December, Senator Sinodinos included formal advice from the Greek Government confirming his statement.

He also advised he had never registered or taken any steps to obtain Irish citizenship through his wife's father.

In the clear?: Michael Sukkar (Liberal)

The father of the Liberal Member for Deakin in Victoria moved to Australia in 1966 from Lebanon. His mother's father is Norwegian.

He said he investigated his status before nominating for parliament and found he was not a dual national.

In documents provided to the citizenship register in December, Mr Sukkar included letters from the Lebanese and Norwegian embassies stating he was not a citizen.

In the clear?: Maria Vamvakinou (Labor)

The Member for Calwell was born in Greece to Greek parents.

She said she formally renounced Greek citizenship in 2000, via the Consul General in Melbourne.

She provided a copy of those documents to the citizenship register in December.

In the clear?: Bert van Manen (Liberal)

The Member for the marginal seat of Forde claimed he had been entitled to Dutch citizenship through his immigrant parents.

However, according to research he carried out when the citizenship controversy emerged, Dutch nationality law stripped him of this eligibility in 1995.

He provided a letter to the citizenship register in December that confirmed he lost Dutch nationality in 1995.

In the clear?: Penny Wong (Labor)

The South Australian senator and Leader of the Opposition in the Senate was born in Malaysia and moved to Australia with her family when she was eight years old.

Documents provided to the citizenship register show she renounced her Malaysian citizenship in 2001, before nominating for Parliament.

In the clear?: Tony Zappia (Labor)

South Australian MP Tony Zappia was born in Italy in 1952 and won the federal seat of Makin in 2004.

Mr Zappia claimed he had received a letter from the Italian Consulate confirming he had renounced his Italian citizenship ahead of entering Parliament.

He provided that letter to the citizenship register in December.

Topics: federal-parliament, federal-government, constitution, australia

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