MP dual nationality fiasco extends to bloodlines

The Australian 12:00am July 28, 2017

Rosie Lewis

 Howard’s divisively haunting words: “we will decide who comes to our country.”  (And who runs it?)

Could cripple the LNP.  What ever happened to criteria of "decent multi cultural people?"

Malcolm Turnbull and Bill Shorten are preparing for a battle over more than 20 MPs facing ­questions about possible citizenship rights in foreign countries, in a widening crisis that could tip the balance of power in federal parliament.

The Australian has identified 21 members of the House of Representatives who have spoken of their migrant heritage — many in their maiden speeches — including Deputy Prime Minister Barnaby Joyce, Trade Minister Steven Ciobo, Liberal MP Julia Banks, deputy Labor leader Tanya ­Plibersek and Labor MP Steve Georganas.

The vulnerability of MPs who have at least one parent or grandparent born overseas and could be entitled to foreign citizenship by descent has emerged following revelations that ­Nationals senator Matt Canavan acquired Italian citizenship without being born in, or setting foot in, the country.

Labor frontbencher Jim Chalmers urged the Prime Minister and his government yesterday to “come clean” and say who else might be at risk of falling foul of section 44 of the Constitution, which bans any foreign citizen standing for parliament.

Late last night is was revealed that One Nation senator Malcolm Roberts was still a British dual national when he was elected to federal parliament, leaving himself open to a constitutional legal challenge.

The Queenslander, who was born in India and whose father is Welsh, has repeatedly refused to provide the relevant renunciation documents, and revealed to Sky News that he was a British national until December 5 last year.

Senator Roberts said he sent three emails to the British consulate in May last year, two months before the July 2 election and five weeks before nominations closed, asking if he was a British citizen.

With no response and the cut-off for the nomination date drawing near, Senator Roberts said he wrote “again, again and again” to clarify his position.

“(I) said I believe I am not a British citizen, and just in case though if I am I renounce it effective immediately,” Senator Roberts said. “I’d taken all steps that I’d reasonably believed necessary.” Senator Roberts said he ­received his formal renunciation on December 5.

Government advisers said ­yesterday they were alert to the threat of Labor challenges to Coal­ition MPs and the need to respond­ with their own challenges to any opposition MPs who were exposed to the same questions over citizenship.

Disqualification of a Coalition MP in the lower house under section­ 44, which bans anyone who is a “citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power”, would be a disaster for the government, which holds a one-seat majority.

While a senator would likely be replaced by their party’s next candidate on the ballot paper, a disqualification of a member in the House of Representatives would likely trigger a by-election and put the government in doubt.

Senator Canavan, who has resigned­ from cabinet as resources and northern Australia minister but will remain in parliament while his election is tested in the High Court, stood by his statement that it was his Australian-born mother, who has Italian parents, who successfully applied for his Italian citizenship without his knowledge.

The unusual circumstances have turned the focus to MPs such as Mr Joyce, whose father was born in New Zealand, and Ms Banks, whose father was born in Greece, because of their family backgrounds.

Ms Banks said she was a “true-blue” Australian citizen and had never taken up Greek citizenship, but there are conflicting accounts of the law. The Greek embassy in Canberra states that a person acquires Greek citizenship at the time of birth if they are born to a parent of Greek nationality.

The “Living in Greece” website says children born outside Greece to Greek parents must have been registered by their parent or grandparent and had family members apply for their Greek citizenship to acquire a certificate from the Hellenic Republic.

Mr Joyce’s spokesman said he was not a dual citizen and had establis­hed that “many years prior to entering parliament”.

A spokeswoman for New Zealand’s Department of Internal Affairs­ said a child born in Aust­ralia to a parent who is a New Zealand­ citizen by birth can apply to be a citizen by descent.

The Australian National University’s Kim Rubenstein, who specialises in citizenship law, said anyone contemplating a run for parliament who was born overseas or had a parent or grandparent born overseas needed to get ­legal advice — not just a personal opinion — on whether they fell under any categories covered by section 44. “You’d need proper legal advice from the country that is relevant as to whether, as a ­matter of law, that country ­recognises you as a citizen,” she told The Australian.

“If you have a parent or grandparent from another country and you are nominating to run for parliament­, effectively you could argue there is an obligation on you before you nominate to make sure you are not a citizen of one of those countries.”

Government MPs Michael Sukkar, whose father is from Leban­on, and Bert van Manen, who has Dutch parents, said they had investigated their status before­ nominating for parliament and were not dual nationals.

Liberal MP Jason Falinski, whose father was from Poland and mother had Irish and English parent­s, said neither of his parents was a foreign citizen when he was born in Australia.

Labor and the Coalition are sizing each other up as the Greens, who have already lost two senators due to dual citizenship, are calling for an independent audit of the credentials of all members­ of parliament.

The review could force senat­ors and members to present birth certificates, as well as those of their parents or grandparents, to uncover­ if they unknowingly or ­secretly held dual citizenship.

“It’s very, very clear ignorance is no excuse,” Greens leader Richard Di Natale said.

One Nation senator Malcolm Roberts 'very confident' about citizenship

Australian Financial ReviewJul 27 2017 10:44 PM

Dan McCulloch

One Nation senator Malcolm Roberts did not receive confirmation he had renounced British citizenship until months after the federal election, but is confident of surviving any challenge to his eligibility.

Senator Roberts, who was elected to represent Queensland in the Senate last year, tried to shake off lingering doubts about his citizenship during a television interview on Thursday night.

Senator Roberts said he wrote to British officials on May 1 last year asking if he was a UK citizen, given he was born to a Welsh father in India.

He had no reason to believe he was British, but thought it best to double-check while filling out a nomination form for the Senate.

Five weeks later he hadn't received a response, so wrote again on June 6 - three days before nominations closed - saying that if he had British citizenship, he fully renounced it.

"I've taken all steps that I reasonably believe necessary," Senator Roberts told Sky News.

It came just two days after Nationals Senator and Resources Minister Matt Canavan resigned from cabinet after discovering he was also an Italian citizen.

But unlike Greens Senators Scott Ludlam and Larissa Waters who quit Parliament altogether upon also discovering they were dual citizens, Senator Canavan is refusing to leave the Senate and will fight it in the High Court.

The British High Commission only confirmed Senator Roberts had renounced his citizenship on December 5, six months after he nominated as a Senate candidate.

"I persisted and persisted and persistent, just badgered, both me and my wife, and then we got a formal registration of my renunciation," Senator Roberts said.

He is confident of withstanding a High Court challenge to his eligibility.

"Very confident, and I've received advice legally to the same effect, (I am) very pleased with that advice," Senator Roberts said.

Senator Roberts showed the documents supporting his claims to Sky News presenter Paul Murray, but they were not displayed on screen.

It is still unclear if Senator Roberts ever held UK citizenship, or at what point British officials revoked it if he did.

The new timeline adds another twist to the story of Senator Roberts' citizenship. He was born to an Australian mother and Welsh father in India in 1955 and came to Australia when he was aged about 7.

He became an Australian citizen in 1974 and says he only ever travelled on his Australian passport.

Senator Roberts wrote on Twitter in October 2016 he had "never held any citizenship other than Australian".

"When I travelled to UK & India I require a visa," he wrote.

In another October tweet he wrote: "I don't have, and never have had, Indian citizenship."

One Nation leader Pauline Hanson says she can "hand on heart" assure voters Malcolm Roberts is not a dual citizen, having witnessed him renouncing his UK citizenship before he became a candidate last year.

Senator Roberts wrote in a statutory declaration witnessed last Friday that prior to his nomination he had "investigated" if he was eligible to be an Australian senator under section 44 of the constitution, which bans dual citizens from standing for parliament.

"As part of my investigation I analysed if I was a British citizen by decent (sic) from my father who was born in Wales ... or if I was an Indian citizen. I can confirm I am not a citizen of the United Kingdom nor am I a citizen of India. I am a citizen of Australia only."

Adding to the confusion, Senator Roberts tweeted on Tuesday: "Prior to nominating for the Senate I ensured I was no longer a British or Indian citizen and have necessary documents."

The comment contradicted his October tweets about never having been anything other than Australian.