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 Dual/Cit “look over there” nonsense

14.08.19.  Australians deserve that the great diversion of lousy governance about s.44 dual citizenship, Vis-à-vis eligibility to sit in Parliament, was well and truly decided before the last election. But, NO, and here we go again with another , “look over there” screwup by all those who knew it would happen. None of them are worth feeding!
An audit of citizenship records has revealed a rump of Labor MPs likely sat in parliament in breach of section 44 of the Constitution, dismantling former leader Bill Shorten’s claim the ALP had “strict vetting processes” and there was “no cloud over any of our people”.Source: Rosie Lewis and 
Geoff Chambers


, News Corp

More federal MPs under foreign citizenship cloud

In addition to the five Labor MPs who fought the Super Saturday by-elections or resigned from parliament in the midst of the dual citizenship crisis that ensnared the 45th parliament, four additional MPs appear to have contested previous elections while holding foreign citizenship. More than 20 parliamentarians — including senior Coalition and Labor MPs — have also refused to provide documentary evidence in the new citizenship register showing they are not in conflict with section 44, which prohibits dual citizens from sitting in parliament. Many MPs simply list their parents, grandparents and spouses’ citizenships with no further explanation.
The Australian understands both major parties are unlikely to pursue fresh High Court referrals of members and senators, with rules pushed through in the final two days of the last parliament to avoid escalating cases.
Described by independent MP Andrew Wilkie as “grubby”, the procedure means a person’s election can only be referred to the Court of Disputed Returns if new evidence emerges about a person’s eligibility that is not disclosed on their register. The matter must first be investigated by a parliamentary committee.
The parliamentary qualifications register shows both major parties worked to revoke foreign allegiances for first-time MPs in the lead up to the May 18 election, with Katie Allen, Gladys Liu, Dave Sharma and Phillip Thompson from the Coalition and Josh Burns, Daniel Mulino and Anika Wells from the ALP among those who renounced dual citizenships.
Anthony Albanese and Labor frontbenchers Michelle Rowland and Mark Dreyfus list complicated family histories but no documentary proof of their claims they are not eligible to hold dual citizenship, as does Treasurer Josh Frydenberg and Liberal MP Julian ­Leeser.
Labor MP Ed Husic details his parents’ and grandparents’ birthplaces and former citizenships and says under Bosnia and Herzegovina law a child may ­acquire citizenship but needs to be registered by the age of 23 and neither he nor his parents pursued this option.
While most MPs without documentation ­assert they are not dual citizens, they have failed to include evidence from the relevant embassy or foreign authorities confirming they are not or have never been nationals of that country.
Mr Frydenberg is the only MP in this term of parliament so far facing a potential challenge to his eligibility, after Kooyong climate activist Michael Staindl lodged a High Court petition.
Of the four additional Labor MPs who may have been dual citizens in previous parliaments, Nick Champion and Pat Conroy applied to renounce their British citizenship before nominating for the election but did not have their renunciation registered until after polling day.
The High Court has ruled a candidate must not be a dual citizen when nominations for an election close, or are otherwise ineligible to sit in parliament.
“I only was preselected a week before the election was called so physically I couldn’t have gotten the form in any earlier,” Mr Conroy said. “Our legal advice (when he was first elected in 2013), which the High Court disagreed with, was that the act of renunciation was signing and submitting the form.”
Scott Morrison and Angus Taylor listed maternal grandparents born in New Zealand but, similar to UK law, citizenship by descent cannot be handed down from grandparents to grandchildren.
According to register documents, 23 sitting senators have renounced or lost foreign citizenship to take their places in parliament.
Perth barrister John Cam­eron, who sparked the 2017 citizenship crisis by exposing former Greens senator Scott Ludlam’s dual citizenship, said politicians “knew they were vulnerable” and he wasn’t “surprised about a sweetheart deal” to neutralise the section 44 stand-off.
Mr Cameron, who conceded it was clearly difficult for some MPs to prove their citizenship status, said for others the documents were easy enough to produce. However, he said it remained an issue that those who had been disqualified had not suffered any penalty, were not forced to repay taxpayer money and that some would ­receive parliamentary pensions.
Members of the public have a 40-day period from the return of the writs to lodge a petition in the High Court to challenge an MP’s eligibility. After that window, which has already closed for the 46th parliament, only the House and Senate can refer an MP using the new procedure.
University of NSW constitutional lawyer George Williams said the parliament had attempted to “artificially create stability” by making it harder to refer an MP. “The problem is it may not be apparent there is a problem (with someone’s eligibility) until after that 40-day period. It can take a very long time to work through citizenship issues,” Professor Williams said.
“What will bring this to a head is if someone is identified as having disclosed something and it becomes apparent after this (40-day) period they shouldn’t be there — in that case it’s hard to see how these rules could be maintained.
‘‘That would create a major problem of public confidence.”

**************************************

ELIGIBILITY ENIGMA

MPS WHO REMAINED IN PREVIOUS PARLIAMENTS
WITH POTENTIAL DUAL-CITIZENSHIP ISSUES

BRENDAN O’CONNOR (ALP)
• Mother, father, grandparents from Ireland.
• Ceased to be Irish in October 2001. Says he first
renounced British citizenship in 1981 but had no
evidence. Officially renounced British citizenship in
August 2010.
• First elected on November 10, 2001.

PAT CONROY (ALP)
• Father and paternal grandfather from Britain.
• Despite lodging renunciation form on August 9,
2013, wasn’t formally registered by the UK Home
Office until September 24, 2013.
• First elected on September 7, 2013.

NICK CHAMPION (ALP)
• Father and paternal grandfather from Britain.
Paternal grandmother a British citizen. British
government registered his renunciation on
November 28, 2007, after he applied on September 10
that year to revoke his British citizenship.
• First elected on November 24, 2007.

EMMA McBRIDE (ALP)
• Paternal grandfather from Northern Ireland, who
held British and Irish citizenship.
• Lodged alienage form in 2013 but did not hear
back. Irish authorities formally responded to confirm
her Irish citizenship ceased on April 16, 2019.
• First elected on July 2, 2016.

****************************************

NEW MPS WHO RENOUNCED CITIZENSHIP BEFORE ELECTION

KATRINA ALLEN (LIB)
• Renounced British citizenship March 2019. Received letter from
Kiribati Ministry of Justice April 2019 confirming she was not a
Kiribati citizen.

GLADYS LIU (LIB)
• Parents and grandparents born in China. Change of nationality
recorded September 2018 by the Hong Kong Immigration
Department.

JOSH BURNS (ALP)
• Renounced British citizenship June 2018. Israeli Ministry of the
Interior confirmed on March 6, 2019 he was not an Israeli citizen.

RAFFAELE CICCONE (ALP)
• Renounced Italian citizenship January 2019.

DAVE SHARMA (LIB)
• Renounced Canadian citizenship in January 2018. Renounced
Trinidad and Tobago citizenship in March 2019. Could have been
ineligible to sit if he had won the Wentworth by-election last year.

PHILLIP THOMPSON (LNP)
• Renounced New Zealand citizenship in June 2018.

ANDREW BRAGG (LIB)
• Renounced British citizenship in December 2017.

ANIKA WELLS (ALP)
• Renounced New Zealand citizenship in February 2018.

PERIN DAVEY (NAT)
• Renounced British citizenship in October 2018.

TIM AYRES (ALP)
• Renounced Canadian citizenship in 2018; was deemed to not be
a Canadian citizen.

DANIEL MULINO (ALP)
• Renounced Italian citizenship in September 2018

*************************************

MPS WITHOUT DOCUMENTATION

MICHELLE ROWLAND (ALP)
• Mother and maternal grandparents were born in Fiji.
Paternal grandparents born in Britain, father held British
citizenship by descent.

ANTHONY ALBANESE (ALP)
• States his father (who was from Italy) is not on his birth
certificate, which listed his mother as his only parent. Says he
does not know ‘where my paternal grandparents were born’.

MARK DREYFUS (ALP)
• Father and paternal grandparents born in Germany. They
arrived in Australia in 1939 as stateless persons and
stripped of their German citizenship by Nazi regime. Says
neither he nor his family applied for German citizenship under
1952 German law.

ED HUSIC (ALP)
• Mother and father born in Yugoslavia. All grandparents born
in Austro-Hungarian Empire.

MIKE FREELANDER (ALP)
• Maternal grandfather born in Fiji, paternal grandfather born
in Britain and held British citizenship. Is not sure whether
maternal grandfather held Fijian citizenship. Says he was not
entitled to British or Fijian citizenship.

JOSH FRYDENBERG (LIB
• Father and paternal grandparents held Polish citizenship
until 1948. Mother and maternal grandparents held Hungarian
citizenship until 1948.

BRIDGET ARCHER (LIB)
• Does not list parents or grandparents. Says ‘advice from
my mother indicates all parents and grandparents are
Australian-born but I have no documentation confirming’.

MADELEINE KING (ALP)
• Father and paternal grandfather born in the UK. Paternal
grandmother born in Ireland. Renounced British citizenship in
May 2016 but does not refer to Irish citizenship status.

ANDREW LAMING (LNP)
• Wife held Latvian citizenship when they were married.

AMANDA RISHWORTH (ALP
• Paternal grandfather born in Ireland, maternal grandmother
born in Britain. Says she did not apply for Irish citizenship.

{ 8 comments… add one }
  • Pensioner Pete 14/08/2019, 6:01 am

    Quote from above “Members of the public have a 40-day period from the return of the writs to lodge a petition in the High Court to challenge an MP’s. After that window, which has already closed for the 46th parliament, only the House and Senate can refer an MP using the new procedure.”

    I see nothing, nothing at all within the Australian Constitution whereby the citizens of Australia are restricted to a 40 day window to challenge the eligibility of an MP. I also fail to see how our parliament can make this rule to invalidate actions under s44 after the 40 day period, as this rule in itself is in breach of the Australian Constitution being the Australian Constitution is the principal document, thus overruling any law made in contradiction of the Australian Constitution.

    • TL46 14/08/2019, 7:45 am

      PP. When has any of our politicians (Federal, State or Local) shown any regard for our Commonwealth Constitution?

  • Graham Richards 14/08/2019, 6:08 am

    Its business as usual for the left. The situation is similar to the Democrats in USA. They too do not have a realistic idea or policy to offer the people so they simply try to disrupt the winning side of politics with any crap they can lay their hands on! Like Russia! Worked well ??
    The Labor Party is cut from the same cloth and cannot even think of some new subject to challenge the government on. Now that’s really desperation.

  • pattoh 14/08/2019, 7:26 am

    Citizenship is one thing, but how many current & recent former politicians have ties to the banking system?

    They all swear or affirm to the Governor General to serve the “people of Australia”.
    I, [Minister’s full name], do swear that I will well and truly serve the people of Australia in the office of [position] and that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Australia. So help me God!
    Affirmation of Office (2013)

    This is a witnessed contract to the people.

    How many are in breach of that or do they ALL have their fingers crossed?

    Or is any declarartion to the GG a “Non-Core Promise”?

  • Biking Voter 14/08/2019, 9:47 am

    Why is Penny Wong not in the list? She has never provided documentary evidence supporting her claim she is no longer a Malaysian citizen..

    • Cliff 14/08/2019, 5:26 pm

      Why indeed. Apart from the Malaysian citizenship, I understand she is also eligible for British citizenship.

      Oh, and did Anne Ali make the list? Her renunciation of her Egyptian citizenship is about as dodgy as dodgy can get – even for Canberra.

  • DT 14/08/2019, 2:36 pm

    Father not on Birth Certificate, does not know where paternal grandparents were born (grandparents but not father?), so read all about his Italian citizenship eligibility;

    https://www.michaelsmithnews.com/2017/12/anthony-albanese-told-the-abcs-730-program-a-lot-more-about-his-family-than-hes-disclosed-on-his-cit.html?cid=6a0177444b0c2e970d01bb09dd4a03970d#comment-6a0177444b0c2e970d01bb09dd4a03970d

  • JK. 14/08/2019, 2:46 pm

    They take no notice of the constitution only when it suits, what about the part of the constitution that say only the federal government can levy taxes, so why do we pay state taxes you might well ask.

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