Section 44 of the constitution prohibits dual citizens from serving in the federal parliament. Senator Roberts was born in India in 1955 to an Australian mother and Welsh father, and became an Australian citizen when he was 19. More than half a dozen MPs have been caught up in the dual-citizenship saga. 'I was 19 and more keen on football than forms' Senator Roberts was asked about signing a form, which he said his then 16-year-old sister filled out, to become an Australian citizen at age 19.

He had no recollection of it but he would have just signed it without reading – even though one form only included one sentence – because his father had told him to and his father was very meticulous with his records. “I certainly would have asked, speculation, because I’m already Australian, but I can’t recall any of that,” he said. “I was 19 and more keen on football than on filling out forms.” Senator Roberts said he asked his sister about his citizenship because she was “always more accurate on these things” and she said: “stateless”. 'I had always believed I was Australian'

Senator Roberts said he came to Australia for the first time in 1962 but had always travelled on his Australian mother’s passport. Although he read a report regarding citizenship in September 2016, “I had always believed I was Australian”, he said. But he admitted in court on Thursday he would accept he had not always been Australian. He rejected the suggestion that by sending the email with the subject line “Am I still a British citizen?” meant he knew he had been British at some point. “My inquiry was to see whether or not, to explore the possibility of being British,” Senator Roberts said.

“There was a possibility of Indian, and there was a possibility of British – and I checked both.” The defunct email addresses Earlier senior counsel Stephen Lloyd, appearing as amicus curiae, told the High Court two of the email addresses were decommissioned by the British government in 2010. “None of these emails according Senator Roberts’ current evidence led to any responses,” he said. “We say it’s relevant in terms of the reasonableness of the steps taken. Whether he sent them to actual addresses, sent to the UK.”

Mr Lloyd said the incorrect email addresses were able to be found in an online search, but they were no longer used. “They weren’t the addresses they were using,” he said. “There was no response ever to those emails. The facts are that the first email, which is headed something like 'Am I still a British citizen?' ....” He said a third email address appeared to be in use in May and June, 2016. Mr Lloyd said Senator Roberts later sent another email complaining about not receiving a response.

'How to renounce my British citizenship?' Mr Lloyd said it was also possible to Google “How to renounce my British citizenship?” and it came up with the official websites with the “.gov.uk” ending. “This information was also available at the time,” he said. One Nation Senator Malcolm Roberts outside court in Brisbane. Credit:AAP Smiling and appearing relaxed as he began to be examined after 11.15am, Senator Roberts said he did not remember where he found the email addresses he used in May and June 2016.

“We usually use Google,” he said. The court was also told there were documents which showed Mr Roberts signed that he was British when he was 19 years old. “To which Senator Roberts responded, ‘I was a citizen of the UK and colonies’,” Mr Lloyd said. Barrister Robert Newlinds, acting for Senator Roberts, said their case would be that at the relevant time, which was in June, when the nomination form was lodged, Senator Roberts did not believe he was a British citizen. “We don’t contest that he was a British citizen at the date,” Mr Newlinds said.

“But he didn’t know that, or to use a more helpful word, he didn’t believe he was and never has,” Mr Newlinds said. But Senator Roberts did not appear to be buying the idea that he could have been British, and said he was still not clear of his citizenship in the past. “It is still not clear in any way that I have British citizenship, and that includes the Home Office,” he said. Senator Roberts said the High Court hearing was the first time he had heard his lawyers agree he would have been British at the time of his nomination. He told the court he would not accept he was not only Australian until after speaking with his barrister.

“I believe I have never had citizenship of another country. I would be happy to say that because no one has ever shown me, I had citizenship of another country. But I believe there are various other requirements so I can’t rule it out altogether,” he said. “It would be my firm belief at that time that I had not had citizenship of another country. “I believed I was always Australian and only Australian.” Justice Patrick Keane said he did not see his remit on Thursday as going beyond finding primary facts. “Not findings that involved questions of facts of law,” he said.

An Indian from birth until 19 years old The court was also told there was an affidavit from an expert which would have said Senator Roberts would have been an Indian citizen at birth because he was born in India, but would have lost it upon becoming an Australian at age 19. Senator Roberts' case is likely to hinge on whether sending emails to the British High Commission about his citizenship before nominating as a candidate amounted to taking "reasonable steps" to renounce his British citizenship. The UK confirmed Senator Roberts' renunciation in December last year, after the election.

Senator Roberts previously said he would keep voting in the Senate until it made its ruling. "I have always thought that I was British - um, that I was Australian. I have always thought I was Australian," he said last month.