Former resources minister Matt Canavan's legal bid to remain in Parliament will rely heavily on key statements made in the Sykes v Cleary High Court case nearly 25 years ago.

Since announcing his resignation from the cabinet on Tuesday, Senator Canavan has insisted he did not know until his mother recently informed him that she had registered him as an Italian citizen in 2006.

"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," he said on Thursday.

"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."