Labor senator Katy Gallagher under citizenship scrutiny after UK renunciation letter delay

Updated

The citizenship register for senators shows ACT Labor senator Katy Gallagher was still a dual citizen of the United Kingdom when she nominated for the last federal election.

Key points: Labor senator Katy Gallagher took the steps required to give up her UK citizenship before nominations closed

Senator Gallagher says she does not believe she needs to be referred to the High Court but will leave the decision to the Senate

Labor's Doug Cameron was potentially eligible for Lithuanian citizenship but chose not to apply for it

Despite her dual citizenship, Senator Gallagher is refusing to refer herself to the High Court to decide if she was ineligible.

She said had taken the steps required to give up the UK citizenship she acquired through her father before nominations closed.

But she did not receive the letter from the UK Home Office confirming her renunciation until August 16 last year, which was two months after nominations closed.

The Prime Minister has said that Labor figures like Senator Gallagher who did not renounce other citizenships before the election should be referred to the High Court to decide their eligibility.

Senator Gallagher said she took all necessary steps to renounce British citizenship, including paying the processing fee.

She said she had received legal advice, including from an expert on British nationality law, which said she had taken all necessary steps.

Senator Gallagher said on Facebook she did not believe she should refer herself to the High Court, but conceded it would ultimately be a matter for the Senate to determine.

Her mother was born in Ecuador in 1943 to British parents, but Senator Gallagher said she was not and had never been an Ecuadorian citizen.

Cameron could be eligible to become Lithuanian

The citizenship released today reveals that Labor senator Doug Cameron is potentially eligible for Lithuanian citizenship.

Senator Cameron was born in Scotland and renounced his British citizenship before nominating for Parliament.

His form shows his maternal grandparents left Lithuania for Scotland before his mother was born in 1915.

Last year, Lithuania changed its laws to allow for dual citizenship for descendants of Lithuanian citizens who left the nation before 1940.

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

Greek parents and an 'immaculate conception'

Liberal senator Arthur Sinodinos and One Nation's Peter Georgiou both had parents born in Greece, which might give them Greek citizenship by descent.

Senator Sinodinos said he had legal advice confirming he was not a Greek citizen and was not entitled to it.

He tweeted a letter from the Greek Government supporting that stance.

Senator Georgiou provided a document from the Greek Embassy showing he could not be considered a Greek citizen.

Liberal Democrat senator David Leyonhjelm's form shows all his parents and grandparents were born in Australia.

But in the section that asks for other relevant information, he wrote "I once asked my mother if my father was truly my father, but she was offended so I didn't ask again".

"I suspect immaculate conception."

Members of the House of Representatives have until tomorrow to present their citizenship documents.

Every citizenship declared

These are the citizenships Senators have claimed to renounce.

Senator Country Actions taken Abetz, Eric Germany Senator Abetz claims he publicly renounced his foreign citizenship in 1974, then wrote to both Germany and West Germany in 1992 to confirm the renunciation. He obtained a certificate of renunciation from Germany in 2010. Bernardi, Cory Ireland Senator Bernardi's wife is Irish, so he became entitled to Irish citizenship when they married. He applied to renounce Irish citizenship on March 21, 2006. Cameron, Doug UK Senator Cameron, born in Scotland, sent a renunciation form to the UK Home Office on January 19, 2007. He received confirmation of renunciation on March 27, 2007. Cormann, Mathias Belgium Senator Cormann was born in Belgium. When he took up Australian citizenship in 2000 he lost his Belgian nationality. He has provided an email from the Belgian embassy in 2007 as evidence. Dastyari, Sam Iran Born in Iran, Senator Dastyari applied to renounce his Iranian citizenship on July 19, 2013. He has supplied a statutory declaration dated August 12, 2013 that details the steps he has taken to renounce. He also supplied an Iranian tourist visa dated July 11, 2016. Di Natale, Richard Italy Senator Di Natale's parents were born in Italy. He renounced his citizenship in 2004 and has provided a letter from the Italian consulate as evidence. Fierravanti-Wells, Concetta Italy Senator Fierravanti-Wells' parents were born in Italy, which gave her Italian citizenship by descent. She renounced her Italian citizenship in 1994 and has provided a document from the Consulate General of Italy dated July 21, 1994 that confirms her renunciation. Gallacher, Alex UK Born in Scotland, Senator Gallacher renounced his British citizenship in 2010. He applied to renounce his citizenship on July 19 - 10 days before the close of nominations for the 2010 election. Gichuhi, Lucy UK and colonies The High Court has found Senator Gichuhi eligible for the Senate. Born in Kenya just before the country became independent from Britain, she ceased being a citizen of the UK in 1963 by the laws of the Kenyan Constitution. Gichuhi, Lucy Kenya Senator Gichuhi became a citizen of Kenya when the country claimed independence from the UK in 1963. In arguments endorsed by the High Court, she ceased being a Kenyan citizen in 2001 when she took up Australian citizenship. Hinch, Derryn New Zealand Senator Hinch was born in New Zealand. He renounced his New Zealand citizenship on December 22, 2015. The renunciation took effect on March 7, 2016, three months before nominations closed for the 2016 federal election. Lines, Sue UK Senator Lines was entitled to UK citizenship by descent through her British father. She applied to renounce her UK citizenship on March 17, 2013. It was received by the UK Home Office on March 27, 2013. McKim, Nick UK Senator McKim, born in the UK, sent forms to the Home Office on July 31, 2015. The Home Office received it on September 4, 2015 and registered the renunciation on February 1, 2016. He received confirmation of his renunciation on July 31, 2017. O'Neill, Deborah Ireland Senator O'Neill's parents were born in Ireland, so she was entitled to Irish citizenship by descent. She lodged a Declaration of Alienage of Irish Citizenship with the Irish Government on July 17, 2010 prior to contesting the 2010 federal election. Patrick, Rex New Zealand Born in New Zealand, Senator Patrick applied to renounce his Kiwi citizenship in October 2017. His renunciation was registered by the New Zealand Internal Affairs department on October, 16, 2017. Pratt, Louise UK Senator Pratt's father was born in the UK, giving her citizenship by descent. She applied to renounce her UK citizenship on September 17, 2007. The renunciation took effect on November 23, 2007, three weeks after nominations closed for the 2007 federal election, and a day before polling day. Scullion, Nigel UK Senator Scullion was born in the UK. He renounced his British citizenship in 2001. He ceased to be a British citizen on October 15, three days before the close of nominations for the 2001 election. Siewert, Rachel UK Senator Siewert's parents were born in the UK, so she obtained citizenship by descent. She applied to renounce her UK citizenship on July 11, 2001, three years before being elected to the Senate. This was confirmed on August 1, 2001. Singh, Lisa Fiji Senator Singh's father automatically became a Fijian citizen once the country gained independence. Fiji does not allow dual citizenships, so Senator Singh and her father were both stripped of Fijian citizenship in 1994. Singh, Lisa UK Senator Singh's father was born in Fiji when it was still considered a British colony, so at the time of her birth he was a British citizen. Senator Singh had written to the UK Home Office to renounce her citizenship, but she was a dual citizen at time of nomination for the 2010 election, July 29. She ceased to be a UK citizen on August 18, 2010. Smith, Dean UK Senator Smith's father was born in England. The senator renounced his British citizenship in 2012 and has disclosed the form he used, stamped as received by the UK Home Office on July 30, 2012. Steele-John, Jordon UK Senator Steele-John was born in the UK. He applied to renounce his British citizenship and that was granted on July 19, 2013. He was a sole Australian citizen at time of nomination. Wong, Penny Malaysia Senator Wong was born in Malaysia. She renounced her Malaysian citizenship in 2001, which was registered by the Malaysian Government on July 28. She was a sole Australian citizen at time of nomination.

Topics: constitution, law-crime-and-justice, federal-government, government-and-politics, australia

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