Zaki’s renunciation of her Afghan citizenship may be incomplete and Morrow faces claims she posted anti-asylum seeker posts online

This article is more than 1 year old

This article is more than 1 year old

The Liberal candidate for Canberra, Mina Zaki, may be ineligible to sit in parliament because the renunciation of her Afghan citizenship appears to be incomplete.

And the Labor party is facing some pressure to disendorse its candidate for the Western Australia seat of Durack, Sharyn Morrow, over alleged anti-asylum seeker posts on social media.

Zaki declared she had renounced her Afghan citizenship on 16 April, but the document she provided to the Australian Electoral Commission and Afghan citizenship law both suggest a further step is required for renunciation to be effective.

In 2018 the high court held it was not sufficient to take “reasonable steps” to renounce foreign citizenship – the renunciation must be effective by the nomination date unless there is an “insurmountable obstacle”.

A Liberal spokesman disputed that Zaki was ineligible but did not provide further evidence.

“Despite the difficult circumstances, Mina Zaki has indeed managed to renounce her Afghan citizenship and obtain from the government of that war-torn country documentary confirmation that she has lost her Afghan nationality,” he said.

On her eligibility checklist Zaki, formerly a participant in the SBS series Muslims Like Us, declared she had held Afghan citizenship, disclosing that both her parents and all grandparents were born in Afghanistan.

Zaki said she lost her citizenship by renunciation on 16 April, attaching a document in Dari from the national director of citizenship acceptance and renunciation to the Afghan ministry of justice and an English translation.

The translation states that “as at the date of this letter [16/4/19] the applicant’s national identity is no longer valid”.

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However, in the original Dari it refers to the applicant’s tazkira – or national identity card – rather than “national identity”.

The translation notes that Zaki has nominated as a candidate for the federal election in Australia. “Accordingly, we request that the applicant’s request for renunciation of citizenship be accepted and treated appropriately in the above circumstances,” it said.

Afghan citizenship law states that the council of ministers or an authoritative court can revoke citizenship, but voluntary renunciation also depends on meeting conditions including that the applicant has fulfilled “duties and obligations” towards Afghanistan and is not accused of or indicted for criminal acts.

The translated letter states there are no records of Zaki committing an offence. Zaki did not attach any further evidence that the application had been approved and renunciation was effective after the request was made to the justice ministry to process it.

Labor holds the seat of Canberra by a notional margin of 12.9% following a redistribution.

Zaki has been contacted for comment.

The Liberal party has similarly queried whether five Labor candidates of Indian descent – including the candidate in the marginal seat of Banks, Chris Gambian – could be disqualified by section 44 of the constitution, which bars foreign citizens and those “entitled to the rights or privileges of a subject or citizen of a foreign power”.

Gambian, whose parents were both born in India, declared that he “may have been an Indian citizen by descent at birth” but would have forfeited it when he became Australian, because the Indian constitution forbids dual citizenship.

However, India allows “overseas citizenship”, which includes a right to live and work in India but not to vote or hold constitutional offices.

A Labor spokesman said it had “ruled out any eligibility concerns regarding these candidates”. “The Liberals are making baseless accusations,” he said.

Three Liberal candidates, including Gurpal Singh, the candidate for Scullin who linked same-sex marriage to paedophilia, have renounced both Indian citizenship and “overseas citizenship”.

The 45th parliament was rocked by 14 MPs or senators resigning or being ruled ineligible due to dual citizenship. In 2018 the federal government created a new requirement to submit an eligibility checklist in a bid to stop the rolling crisis of disqualifications without having to hold a referendum to change the constitution.

Days before party nominations closed on 21 April the Liberal party was forced to dump three candidates in Victoria and two in New South Wales.

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At least 18 United Australia party candidates have refused to provide the AEC with details of their parents’ and grandparents’ place of birth.

The UAP candidate for Blaxland, Nadeem Ashraf, claimed in a statutory declaration that he had lost dual Pakistani citizenship automatically when he became Australian in 1986. Even when taking up another citizenship Pakistani law requires a declaration of renunciation, which Ashraf failed to provide.

The UAP candidate for Hume, Lynda Abdo, told Guardian Australia her father was born in Syria – which recognises citizenship by descent – and said she had disclosed this to the party four times before it sent in forms with these details omitted.

The UAP maintains all its candidates are eligible, and both Ashraf and Abdo insist they are not dual citizens.

Meanwhile, Labor has faced questions about its candidate for the Western Australia seat of Durack after a report that Sharyn Morrow posted anti-asylum seeker posts on social media.

The West Australian said Morrow made her comments on Facebook in 2013 in response to a riot at the Nauru detention centre.

“These trouble makers should be sent back to where they came from, they do not deserve our charity. When will we see a government that understands charity begins at home.”

When questioned by reporters about the comments, Labor leader Bill Shorten said he had not seen them.

The shadow treasurer, Chris Bowen, said the party had “processes to look at these things. We would need to look at that closely”.

The environment minister, Melissa Price, holds the seat of Durack on a margin of 11.1%.

The Nationals senator Bridget McKenzie said all parties would be examining their processes after the election, including candidate endorsement.

“All parties have been struggling with candidates that have not quite met the mark for both the parties they choose to represent but also the broader Australian public,” she told the ABC.

– with AAP