303:, irrespective of whether they knew about their citizenship status, will be disqualified from Parliament unless they are irremediably prevented by foreign law from renouncing the foreign citizenship and have taken all steps that are reasonably required to renounce that foreign citizenship; it identified a "constitutional imperative" that no Australian citizen should be irremediably excluded from participation in representative government. The Court rejected arguments that would change the approach to section 44(i) of the Constitution, maintaining the approach of the majority in
767:, but that this did not give him the right to enter or reside in the United Kingdom; therefore, for the purposes of s 44(i), he was neither a citizen nor entitled to the rights and privileges of a citizen of the United Kingdom. The Court declared the seats of the ineligible members to be vacant, It ordered that the vacancy in the House of Representatives be filled through a by-election and that the vacancies in the Senate be filled by "special counts" (i.e.,
792:
31:
615:. On discovering that she did, she resigned four days after Ludlam. Waters was born to Australian parents who briefly lived in Canada, and returned with them to Australia while still a baby. She had previously believed that she was solely an Australian citizen and that if she would have needed to take active steps before age 21 if she wished to gain Canadian citizenship. However, she discovered she had in fact held dual citizenship since birth.
687:
I don't want to be, so if there's any question that I could be, I renounce any rights to be'. I don't know what else I can do in the circumstances." He added that he had not received replies to these enquiries. Later he said that he had renounced Greek citizenship but, on finding that he might be
British, he had sought clarification from British authorities. On 19 August, he announced that British authorities had confirmed that he is a
839:(intervening in the Joyce case). The High Court's decision immediately disqualified Joyce, Nash and Roberts from Parliament. Ludlam and Waters had already resigned. Xenophon, who was found eligible had, whilst the case was before the High Court, resigned from the Senate to run for the South Australian Parliament. Two of the ousted MPs – Joyce and Nash – were members of
552:, New South Wales from 7 September 2013. Prior to that, he was a senator for Queensland from 1 July 2005. He had been a Minister since 18 September 2013, and Deputy Prime Minister since 18 February 2016. On 14 August 2017, Joyce announced that the New Zealand government had informed him that he might be a
482:, which requires that nobody can serve as a minister for more than three months unless they are a member of the parliament; ministerial decisions taken by somebody who was not validly occupying ministerial office would themselves be invalid. While Matthew Canavan had already resigned from his positions of
826:
According to some legal opinions, more than 100 Turnbull government decisions are vulnerable to legal challenge as a result of Joyce and Nash being ineligible to be in
Parliament, and consequently to be Ministers, with lawyers concluding there is a high likelihood that the work the pair had done over
346:
Rules governing nationality generally range from the automatic loss of a former nationality on acquisition of another, to making it impossible to surrender a former nationality. Some countries confer their citizenship on successive generations regardless of the country of birth. A consequence of this
219:
A person holding foreign citizenship, irrespective of whether they knew about their citizenship status, will be disqualified pursuant to s. 44(i) of the
Constitution from being elected to Parliament unless they are irremediably prevented by foreign law from renouncing the foreign citizenship and have
834:
The disqualified senators and members had collected over $ 9 million in base salary, ministerial bonuses and other allowances over the period that they were ineligible to sit, in addition to superannuation payments, other entitlements and staff payments. The government could demand repayment of
686:
when it was a
British colony and who possessed a British passport. Xenophon stated: "I've never had, never sought, never received citizenship of another country but out of an abundance of caution I wrote to the Greek embassy and Cypriot high commission saying essentially, 'I've never been a citizen,
650:
was assigned to determine the facts to be considered by the full court. Roberts and his sister
Barbara were cross examined, as well as two expert witnesses on British citizenship. The following day, Keane handed down his decision on that evidence, finding that at the date of his nomination for the
571:
senator for
Western Australia from 1 July 2008. On 14 July 2017, Ludlam announced that he was resigning from the Senate as he still retained New Zealand citizenship from his birth in New Zealand. Ludlam with his family had settled in Australia aged eight, and had previously assumed he lost his New
532:
As of 24 August, Canavan accepted that, owing to a change in
Italian law in 1983, he had been an Italian citizen since he was two years old. However, the Court was told that Italian experts were uncertain of the effect of that change: one view was that it conferred citizenship automatically, the
378:
was void. As part of the judgment the majority of the court held that a dual citizen was disqualified by section 44(i) unless they had “taken reasonable steps” to renounce their other citizenship. The consequence of dual citizenship of
Australia and the United Kingdom was resolved in the 1999
759:
The Court ruled that the fact of citizenship was disqualifying, regardless of whether the person knew of the citizenship or engaged in any voluntary act of acquisition. It emphasised that to hold otherwise would introduce an element of subjectivity that "would be inimical to the stability of
742:
A person who, at the time that he or she nominates for election, retains the status of subject or citizen of a foreign power will be disqualified by reason of s 44(i), except where the operation of the foreign law is contrary to the constitutional imperative that an
Australian citizen not be
355:
considered the meaning of 44(i), noting the above before stating that "In our view it is unlikely that a court would construe this provision as requiring a person to have voluntarily retained his formal allegiance to his previous country before he breaches s.44(i)" and recommended that the
638:
at the age of 19. Roberts stated that he had only ever been an
Australian and that, in case he ever had British citizenship, before the 2016 election he had taken reasonable steps to renounce it. Doubts were cast upon his view of the position. He could have also been an
587:
senator for New South Wales from 1 July 2005. She had been a Minister since 21 September 2015 and deputy leader of the Nationals since 11 February 2016. Three days after the announcement from Nationals leader Joyce, on 17 August 2017, Nash revealed that she had
367:
was subsequently found to be invalidly elected because he was not an Australian citizen and the High Court declined to decide whether dual citizenship of Australia and the United Kingdom would disqualify a person. In 1992 the High Court held in
729:
On 27 October 2017, the High Court handed down its decision. In a unanimous judgment, the Court interpreted s 44(i) according to the "ordinary and natural meaning" of its language. On that approach, it first affirmed the view taken in
695:. He stated that he would not resign from the Parliament, but would await a High Court decision. On 6 October 2017, he announced his intention to resign from the Senate in order to stand for the Parliament of South Australia at the
651:
Senate (1) Roberts was a British citizen, (2) he knew that there was at least a real and substantial prospect that he was a British citizen and (3) Roberts could have, but didn't, take steps to renounce his British citizenship.
1420:
333:
In the first 80 years after federation, the only time a court had considered the meaning of this disqualification was in 1950, when the High Court rejected a claim that a Catholic was disqualified from sitting as the
403:
During 2017, there arose seven instances of a possible breach of section 44(i), when over the course of several months, media revealed that seven federal parliamentarians appeared to be dual citizens. Two of these,
922:
Both houses of Parliament subsequently introduced a process for all members to provide documentation about their citizenship status and published all of the material provided. As a result of that process, Senator
1708:
325:(i.) Is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power: ...
1369:
831:, which requires Ministers to be members of Parliament. The court could decide, however, that the decisions are valid because they were made by a person who was "clothed with the authority of an office".
1911:
1330:
1604:
911:
to be ineligible under s. 44(iv) of the Constitution because subsequent to the election but before the special count she held an "office of profit under the Crown" as a part-time member of the
60:
1918 (Cth) Concerning Senator the Hon Matthew Canavan; Mr Scott Ludlam; Ms Larissa Waters; Senator Malcolm Roberts; The Hon Barnaby Joyce MP; Senator the Hon Fiona Nash; Senator Nick Xenophon
2361:
2115:
1498:
1630:
611:
senator for Queensland from 1 July 2011. The revelation of Ludlam's dual citizenship prompted Waters, Ludlam's fellow co-deputy leader of the Greens, to similarly check whether she held
2067:
1443:
398:
289:
630:
senator for Queensland from 2 July 2016. He was born in India of an Australian mother and a British father. Roberts is an Australian citizen, and in August 2017 documents revealed by
2167:
1125:
533:
other that it only conferred eligibility to "activate" citizenship. On the latter view, which Canavan's counsel proposed be preferred, Canavan had never been an Italian citizen.
1656:
2426:
1891:
1963:
556:
by descent from his father and said that he was "shocked to receive this information". He did not resign from his ministerial offices and continued to vote in Parliament.
529:
holding dual citizenship. The government took the view that he was not in breach of the Constitution as the registration was not made with Canavan's knowledge or consent.
1395:
494:
prior to Labor's proposition, the other two Cabinet ministers, Barnaby Joyce and Fiona Nash, chose to remain in their positions until the court handed down its decision.
1553:
1527:
2192:
2386:
339:
763:
However, Canavan and Xenophon had been eligible. It was determined that Canavan, under Italian law, was not a citizen of Italy. It was found that Xenophon was a
347:
latter situation is that many Australians are unknowingly dual nationals and there is no way of determining with certainty who or how many are in this category.
1103:
1343:
828:
526:
514:
487:
479:
293:
734:
that the question of eligibility is to be determined with reference to the point of nomination. The Court then followed the reasoning of the majority in
1682:
525:
with the Italian consulate in Brisbane in 2006. Canavan stated he was unaware of this until his mother was prompted to inform him following news of the
1936:
2089:
2431:
2242:
774:
At an earlier directions hearing, the Chief Justice had approved the Commonwealth's undertaking to pay the legal costs of all the parties and of
2284:
1871:
517:
over doubts as to his eligibility to be a member of the parliament, after discovering that he was considered by the Italian authorities to be a
509:
senator for Queensland from 1 July 2014. He had been a Minister since 18 February 2016. On 25 July 2017, Canavan resigned from his positions of
2421:
2416:
889:
2217:
1780:
1468:
643:, however this appears to have been discounted on the basis that there was an automatic loss of Indian citizenship on acquisition of another.
2140:
1578:
1258:
877:
285:
45:
2436:
1065:
768:
696:
506:
425:
1734:
1213:
2335:
421:
364:
2451:
876:
Following the High Court's decision, three more Senators and an MP resigned as a result of holding citizenship of the United Kingdom:
847:, which took place on the same day. Canavan, who had stepped down from Cabinet pending the court's decision, was returned to Cabinet.
1278:
760:
representative government". It followed that each of Joyce, Ludlam, Nash, Roberts and Waters had been ineligible to be elected.
2441:
1806:
1305:
912:
1026:
980:
708:
627:
433:
2461:
835:
such amounts or it could waive repayment. The Commonwealth undertook to pay the legal costs of the all the parties and of
866:
623:
437:
352:
584:
553:
545:
475:
445:
2456:
904:
897:
180:
2446:
1753:
747:
by foreign law from participation in representative government. Where it can be demonstrated that the person has
386:
342:
considered dual nationality noting that citizenship may be acquired by birth, by descent and by grant, stating:
1199:
1177:
1155:
1013:
975:
844:
764:
688:
612:
89:
850:
Replacements of three of the four disqualified Senators were announced on 10 November. Ludlam was replaced by
1858:
1838:
1110:
1033:
987:
870:
692:
679:
675:
647:
635:
589:
549:
518:
461:
281:
192:
41:
666:
senator for South Australia since 1 July 2008. In August 2017, he was asked whether he might have acquired
2085:
1069:
931:
were referred to the High Court as a result of holding dual citizenship at the time of the 2016 election.
640:
596:
father. She elected not to step down from leadership or cabinet while she was referred to the High Court.
510:
483:
471:
468:
375:
329:
shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.
715:, legal representatives of the seven parliamentarians involved, Tony Windsor in the Joyce matter, and an
893:
667:
522:
184:
1050:
2387:"Dual citizenship saga threatens to stretch into 2018 as both sides demand more High Court referrals"
1283:
885:
840:
491:
245:
56:
In the Matter of Questions Referred to the Court of Disputed Returns Pursuant to Section 376 of the
2310:
1370:"Deputy Prime Minister Barnaby Joyce refers himself to High Court over potential dual citizenship"
2054:
2008:
2000:
1992:
1834:
851:
663:
453:
240:
123:
113:
103:
1912:"Nick Xenophon checking whether he's a British citizen in shock new twist in citizenship crisis"
919:
would replace Nash, and on 22 December 2017 the High Court declared him elected to Nash's seat.
478:
that the challenged ministers who had not stepped aside from their position should do so due to
608:
568:
417:
405:
260:
1605:"Resources Minister Matt Canavan resigns from cabinet following doubts over dual citizenship"
712:
300:
2271:
1854:
1231:
1195:
1173:
1151:
1009:
971:
162:
148:
85:
30:
1872:"High Court finds One Nation senator Malcolm Roberts was UK citizen at time of nomination"
1087:
855:
646:
There were factual issues in relation to Roberts' state of mind and knowledge and Justice
593:
200:
196:
188:
2022:
1631:"Matt Canavan and Malcolm Roberts change their stories in High Court citizenship hearing"
356:
sub-section be removed and replaced by a new provision requiring Australian citizenship.
2311:"Citizenship Register – 45th Parliament: Members' statements in relation to citizenship"
809:
Please help update this article to reflect recent events or newly available information.
771:) of the ballot papers in each State, subject to supervision by a Justice of the Court.
127:
117:
107:
1528:"Nick Xenophon will go to high court after finding out he's a British overseas citizen"
1004:
924:
604:
572:
Zealand citizenship when he was naturalised as an Australian citizen in his mid-teens.
413:
370:
305:
250:
2410:
2116:"Citizenship five paid nearly $ 9 million in salaries they were not entitled to"
881:
859:
717:
659:
541:
457:
441:
255:
204:
1807:"Roberts confirms he was a UK citizen, heads to High Court to prove he's Australian"
1657:"Malcolm Roberts's election may have been invalid, government solicitor tells court"
1306:"Roberts confirms he was a UK citizen, heads to High Court to prove he's Australian"
220:
taken all steps that are reasonably required to renounce that foreign citizenship. (
2362:"ACT Labor senator Katy Gallagher referred to the High Court over dual citizenship"
928:
836:
775:
751:
by the foreign law to renounce his or her citizenship and within his or her power,
564:
502:
429:
409:
237:
177:
1396:"Barnaby Joyce refers himself to high court over possible New Zealand citizenship"
385:
where the High Court held that the United Kingdom was by then a foreign power and
2218:"Xenophon senator Skye Kakoschke-Moore resigns after confirming dual citizenship"
2090:"Three reasons why the decisions of Joyce and Nash may be difficult to challenge"
1554:"Labor questions if Joyce and Nash can make legally valid decisions as ministers"
16:
Australian 2017 court cases on citizenship eligibility for Australian politicians
1279:"Matt Canavan resigns from Malcolm Turnbull's ministry over Italian citizenship"
1146:
1735:"Greens senator Scott Ludlam resigns over failure to renounce dual citizenship"
1214:"Greens senator Scott Ludlam resigns over failure to renounce dual citizenship"
1190:
1082:
580:
449:
381:
968:
Re Canavan; Re Ludlam; Re Waters; Re Roberts ; Re Joyce; Re Nash; Re Xenophon
273:
Re Canavan; Re Ludlam; Re Waters; Re Roberts ; Re Joyce; Re Nash; Re Xenophon
24:
Re Canavan; Re Ludlam; Re Waters; Re Roberts ; Re Joyce; Re Nash; Re Xenophon
1444:"Government threatens to take Labor MPs to High Court over dual-citizenship"
916:
292:
of a number of members of Parliament to be elected to Parliament because of
2243:"Relief for Turnbull Government after Liberals claim victory in Bennelong"
2068:"More than 100 Joyce and Nash decisions at risk from legal challenge: QCs"
1259:"Larissa Waters, deputy Greens leader, quits in latest citizenship bungle"
2168:"Senate President Stephen Parry to resign after confirming he is British"
631:
207:
416:, resigned from Parliament shortly afterwards. Together with four other
1168:
1344:"Pauline Hanson refers Malcolm Roberts to high court over citizenship"
1124:
Senate Standing Committee on Constitutional and Legal Affairs (1981).
1091:. 31 August 1950. p. 1 – via National Library of Australia.
359:
Section 44(i) was considered by the High Court in 1988, which held in
2141:"'Utterly humbled' Joyce declares victory in New England by-election"
1709:"Barnaby Joyce caught in dual citizenship saga involving New Zealand"
1629:
Whitbourn, Michaela; Remeikis, Amy; Massola, James (24 August 2017).
1579:"Transcript of statements on Senator Canavan's citizenship, Brisbane"
1499:"Nationals deputy leader Fiona Nash reveals she has dual citizenship"
707:
The High Court heard submissions from 10 to 12 October 2017 from the
683:
671:
1683:"Matt Canavan may have been Italian citizen, experts' report says"
2193:"Jacqui Lambie is the latest victim of the dual citizenship saga"
1964:"Nick Xenophon to quit Senate and run for state seat of Hartley"
335:
903:
The candidate determined by the special count to replace Nash,
785:
2285:"Jim Molan to replace Fiona Nash in Senate, High Court rules"
827:
the previous year could end up before the courts, because of
1126:"The Constitutional Qualifications of Members of Parliament"
1937:"Xenophon resigns from Senate to run for state parliament"
1421:"House of Representatives Hansard, 14 August 2017 (proof)"
896:
in the House of Representatives and was re-elected at the
1781:"Fiona Nash latest to be embroiled in citizenship fiasco"
1469:"Fiona Nash latest to be embroiled in citizenship fiasco"
1492:
1490:
1102:
Joint Committee on Foreign Affairs and Defence (1976).
548:
member of the House of Representatives for the seat of
1826:
1824:
873:
was held on 2 December, with Joyce being re-elected.
299:
The Court unanimously held on 27 October 2017 that a
1225:
1223:
963:
682:
through his father, an ethnic Greek who was born in
961:
959:
957:
955:
953:
951:
949:
947:
945:
943:
697:
South Australian general election due in March 2018
399:
2017–18 Australian parliamentary eligibility crisis
228:
213:
173:
168:
154:
140:
135:
96:
81:
73:
65:
51:
37:
23:
1890:
803:. The reason given is: the legal ramifications of
317:Section 44 of the Constitution relevantly states:
1497:Remeikis, Amy; Gartrell, Adam (18 August 2017).
1368:Gartrell, Adam; Remeikis, Amy (14 August 2017).
999:
997:
2166:Massola, James; Kenny, Mark (1 November 2017).
1892:"Nick Xenophon enters the dual citizenship mix"
363:that it required an identified foreign power.
1331:Senate Hansard (proof) 9 August 2017, pp 58-62
1681:Remeikis, Amy; Karp, Paul (12 October 2017).
440:, Deputy Prime Minister and Nationals leader
8:
749:taken all steps that are reasonably required
521:. Canavan's mother had registered him as an
280:") is a set of cases, heard together by the
738:. The Court said in part (emphases added):
480:Section 64 of the Constitution of Australia
376:by-election for the Victorian seat of Wills
2427:Australian court of disputed returns cases
915:. A further special count determined that
29:
20:
2045:
2043:
1521:
1519:
1272:
1270:
1268:
753:the constitutional imperative is engaged
1232:"Statement from Senator Larissa Waters"
939:
1066:High Court (Fullagar J) 23 August 1950
2021:Blackshield, Tony (30 October 2017).
1809:. Australian Broadcasting Corporation
1754:"Resignation of Senator Scott Ludlam"
7:
1655:Robertson, Joshua (24 August 2017).
1552:Murphy, Katharine (18 August 2017).
1394:Murphy, Katharine (14 August 2017).
464:, as the Court of Disputed Returns.
1733:Strutt, J; Kagi, J (14 July 2017).
1212:Strutt, J; Kagi, J (14 July 2017).
843:, requiring a rearrangement of the
2114:Gartrell, Adam (30 October 2017).
1707:Bickers, Claire (15 August 2017).
1342:Hutchens, Gareth (9 August 2017).
527:resignation of two Greens senators
460:—their cases were referred to the
14:
1526:Davey, Melissa (19 August 2017).
1442:Hunter, Fergus (15 August 2017).
907:, was found by the High Court in
778:(intervening in the Joyce case).
294:section 44(i) of the Constitution
2360:McIlroy, Tom (6 December 2017).
1910:Remeikis, Amy (18 August 2017).
1805:Yaxley, Louise (9 August 2017).
790:
338:was a foreign power. In 1976, a
1889:Lewis, Rosie (15 August 2017).
1779:Belot, Henry (17 August 2017).
1603:Massola, James (25 July 2017).
913:Administrative Appeals Tribunal
721:appointed to assist the Court.
2432:Federal elections in Australia
1962:Kenny, Mark (6 October 2017).
829:section 64 of the constitution
709:Solicitor-General of Australia
276:(commonly referred to as the "
1:
2422:Australian constitutional law
2417:High Court of Australia cases
1432:pp 1, 37-9, 53-5, 57-9, 62-7.
1277:Belot, Henry (25 July 2017).
1257:Belot, Henry (18 July 2017).
634:indicated that Roberts was a
670:through his mother, born in
389:was therefore disqualified.
290:doubts as to the eligibility
2437:2016 elections in Australia
2055:[2017] HCATrans 171
2009:[2017] HCATrans 201
2001:[2017] HCATrans 200
1993:[2017] HCATrans 199
1835:[2017] HCATrans 192
1083:"Catholic M.H.R. wins case"
124:[2017] HCATrans 201
114:[2017] HCATrans 200
104:[2017] HCATrans 199
2478:
2023:"Seven Little Australians"
1857: (22 September 2017),
1837: (21 September 2017),
978:284 (27 October 2017)
869:in Joyce's former seat of
396:
58:Commonwealth Electoral Act
2452:Election law in Australia
2366:The Sydney Morning Herald
2172:The Sydney Morning Herald
1374:The Sydney Morning Herald
799:This section needs to be
444:MP, Deputy leader of the
286:Court of Disputed Returns
233:
218:
46:Court of Disputed Returns
28:
2003: (11 October 2017);
1995: (10 October 2017);
845:Second Turnbull Ministry
765:British Overseas citizen
689:British Overseas citizen
422:House of Representatives
2340:Parliament of Australia
2315:Parliament of Australia
1583:Parliament of Australia
1111:Parliament of Australia
782:Subsequent developments
592:by descent through her
523:Italian resident abroad
340:parliamentary committee
282:High Court of Australia
88:, (2017) 263
42:High Court of Australia
2442:2017 in Australian law
2336:"Citizenship Register"
2274: (6 December 2017)
2011: (12 October 2017)
898:subsequent by-election
745:irremediably prevented
554:citizen of New Zealand
511:Minister for Resources
507:Liberal National Party
484:Minister for Resources
426:Liberal National Party
420:and one member of the
349:
331:
278:Citizenship Seven case
128:Audio-visual recording
118:Audio-visual recording
108:Audio-visual recording
2272:[2017] HCA 52
2057: (24 August 2017)
2049:Transcript (at end):
1968:Sydney Morning Herald
1916:Sydney Morning Herald
1855:[2017] HCA 39
1635:Sydney Morning Herald
1609:Sydney Morning Herald
1503:Sydney Morning Herald
1448:Sydney Morning Herald
1196:[1999] HCA 30
1174:[1988] HCA 22
1152:[1987] HCA 62
1063:Crittenden v Anderson
1010:[1992] HCA 60
972:[2017] HCA 45
344:
321:44. Any person who -
319:
163:[2017] HCA 52
149:[2017] HCA 39
86:[2017] HCA 45
2462:Multiple citizenship
1878:. 22 September 2017.
886:Skye Kakoschke-Moore
613:Canadian citizenship
2088:(31 October 2017).
1760:. Australian Greens
1238:. Australian Greens
693:British nationality
691:, a lesser form of
680:Cypriot nationality
590:British citizenship
456:leader and Senator
246:Foreign citizenship
2291:. 22 December 2017
2249:. 16 December 2017
2074:. 29 October 2017.
1104:"Dual Nationality"
1036:. 27 October 2017.
1027:"Judgment summary"
990:. 27 October 2017.
981:"Judgment summary"
892:resigned from the
852:Jordan Steele-John
664:Nick Xenophon Team
515:Northern Australia
488:Northern Australia
467:On 18 August, the
454:Nick Xenophon Team
69:10-12 October 2017
2457:Election case law
2147:. 2 December 2017
1230:Waters, Larissa.
1053:Disqualification.
894:seat of Bennelong
824:
823:
668:Greek citizenship
406:Australian Greens
269:
268:
261:Willful blindness
155:Subsequent action
2469:
2447:2017 in case law
2402:
2401:
2399:
2397:
2383:
2377:
2376:
2374:
2372:
2357:
2351:
2350:
2348:
2346:
2332:
2326:
2325:
2323:
2321:
2307:
2301:
2300:
2298:
2296:
2281:
2275:
2265:
2259:
2258:
2256:
2254:
2239:
2233:
2232:
2230:
2228:
2214:
2208:
2207:
2205:
2203:
2189:
2183:
2182:
2180:
2178:
2163:
2157:
2156:
2154:
2152:
2137:
2131:
2130:
2128:
2126:
2111:
2105:
2104:
2102:
2100:
2094:The Conversation
2082:
2076:
2075:
2064:
2058:
2047:
2038:
2037:
2035:
2033:
2018:
2012:
1985:
1979:
1978:
1976:
1974:
1959:
1953:
1952:
1950:
1948:
1943:. 6 October 2017
1933:
1927:
1926:
1924:
1922:
1907:
1901:
1900:
1894:
1886:
1880:
1879:
1868:
1862:
1848:
1842:
1828:
1819:
1818:
1816:
1814:
1802:
1796:
1795:
1793:
1791:
1776:
1770:
1769:
1767:
1765:
1749:
1743:
1742:
1730:
1724:
1723:
1721:
1719:
1704:
1698:
1697:
1695:
1693:
1678:
1672:
1671:
1669:
1667:
1652:
1646:
1645:
1643:
1641:
1626:
1620:
1619:
1617:
1615:
1600:
1594:
1593:
1591:
1589:
1575:
1569:
1568:
1566:
1564:
1549:
1543:
1542:
1540:
1538:
1523:
1514:
1513:
1511:
1509:
1494:
1485:
1484:
1482:
1480:
1475:. 17 August 2017
1465:
1459:
1458:
1456:
1454:
1439:
1433:
1431:
1429:
1427:
1417:
1411:
1410:
1408:
1406:
1391:
1385:
1384:
1382:
1380:
1365:
1359:
1358:
1356:
1354:
1339:
1333:
1328:
1322:
1321:
1319:
1317:
1302:
1296:
1295:
1293:
1291:
1274:
1263:
1262:
1254:
1248:
1247:
1245:
1243:
1227:
1218:
1217:
1209:
1203:
1187:
1181:
1165:
1159:
1143:
1137:
1136:
1134:
1132:
1121:
1115:
1114:
1108:
1099:
1093:
1092:
1079:
1073:
1060:
1054:
1044:
1038:
1037:
1031:
1023:
1017:
1001:
992:
991:
985:
965:
819:
816:
810:
794:
793:
786:
713:Stephen Donaghue
519:citizen of Italy
474:proposed to the
353:Senate committee
169:Court membership
33:
21:
2477:
2476:
2472:
2471:
2470:
2468:
2467:
2466:
2407:
2406:
2405:
2395:
2393:
2385:
2384:
2380:
2370:
2368:
2359:
2358:
2354:
2344:
2342:
2334:
2333:
2329:
2319:
2317:
2309:
2308:
2304:
2294:
2292:
2283:
2282:
2278:
2266:
2262:
2252:
2250:
2241:
2240:
2236:
2226:
2224:
2216:
2215:
2211:
2201:
2199:
2191:
2190:
2186:
2176:
2174:
2165:
2164:
2160:
2150:
2148:
2139:
2138:
2134:
2124:
2122:
2113:
2112:
2108:
2098:
2096:
2084:
2083:
2079:
2066:
2065:
2061:
2048:
2041:
2031:
2029:
2020:
2019:
2015:
1986:
1982:
1972:
1970:
1961:
1960:
1956:
1946:
1944:
1935:
1934:
1930:
1920:
1918:
1909:
1908:
1904:
1888:
1887:
1883:
1870:
1869:
1865:
1849:
1845:
1829:
1822:
1812:
1810:
1804:
1803:
1799:
1789:
1787:
1778:
1777:
1773:
1763:
1761:
1752:Ludlam, Scott.
1751:
1750:
1746:
1732:
1731:
1727:
1717:
1715:
1706:
1705:
1701:
1691:
1689:
1680:
1679:
1675:
1665:
1663:
1654:
1653:
1649:
1639:
1637:
1628:
1627:
1623:
1613:
1611:
1602:
1601:
1597:
1587:
1585:
1577:
1576:
1572:
1562:
1560:
1551:
1550:
1546:
1536:
1534:
1525:
1524:
1517:
1507:
1505:
1496:
1495:
1488:
1478:
1476:
1467:
1466:
1462:
1452:
1450:
1441:
1440:
1436:
1425:
1423:
1419:
1418:
1414:
1404:
1402:
1393:
1392:
1388:
1378:
1376:
1367:
1366:
1362:
1352:
1350:
1341:
1340:
1336:
1329:
1325:
1315:
1313:
1312:. 9 August 2017
1304:
1303:
1299:
1289:
1287:
1276:
1275:
1266:
1256:
1255:
1251:
1241:
1239:
1229:
1228:
1221:
1211:
1210:
1206:
1188:
1184:
1166:
1162:
1144:
1140:
1130:
1128:
1123:
1122:
1118:
1106:
1101:
1100:
1096:
1088:Catholic Weekly
1081:
1080:
1076:
1061:
1057:
1045:
1041:
1029:
1025:
1024:
1020:
1002:
995:
983:
979:
966:
941:
937:
858:and Roberts by
856:Andrew Bartlett
820:
814:
811:
808:
795:
791:
784:
727:
705:
657:
636:British citizen
624:Malcolm Roberts
621:
619:Malcolm Roberts
602:
578:
562:
539:
500:
438:Malcolm Roberts
401:
395:
315:
288:, arising from
284:sitting as the
265:
77:27 October 2017
17:
12:
11:
5:
2475:
2473:
2465:
2464:
2459:
2454:
2449:
2444:
2439:
2434:
2429:
2424:
2419:
2409:
2408:
2404:
2403:
2378:
2352:
2327:
2302:
2276:
2260:
2234:
2209:
2184:
2158:
2132:
2106:
2077:
2059:
2039:
2013:
1980:
1954:
1928:
1902:
1897:The Australian
1881:
1863:
1843:
1820:
1797:
1771:
1744:
1725:
1699:
1673:
1647:
1621:
1595:
1570:
1544:
1515:
1486:
1460:
1434:
1412:
1386:
1360:
1334:
1323:
1297:
1264:
1249:
1219:
1204:
1182:
1160:
1138:
1116:
1094:
1074:
1055:
1039:
1018:
1005:Sykes v Cleary
993:
938:
936:
933:
925:Katy Gallagher
890:John Alexander
822:
821:
798:
796:
789:
783:
780:
757:
756:
736:Sykes v Cleary
732:Sykes v Cleary
726:
723:
704:
701:
656:
653:
641:Indian citizen
620:
617:
605:Larissa Waters
601:
600:Larissa Waters
598:
585:National Party
577:
574:
561:
558:
546:National Party
538:
535:
499:
496:
476:Prime Minister
414:Larissa Waters
397:Main article:
394:
391:
371:Sykes v Cleary
327:
326:
314:
311:
306:Sykes v Cleary
267:
266:
264:
263:
258:
253:
248:
243:
238:Constitutional
234:
231:
230:
226:
225:
216:
215:
211:
210:
175:
174:Judges sitting
171:
170:
166:
165:
156:
152:
151:
142:
138:
137:
133:
132:
131:
130:
120:
110:
98:
94:
93:
83:
79:
78:
75:
71:
70:
67:
63:
62:
53:
52:Full case name
49:
48:
39:
35:
34:
26:
25:
15:
13:
10:
9:
6:
4:
3:
2:
2474:
2463:
2460:
2458:
2455:
2453:
2450:
2448:
2445:
2443:
2440:
2438:
2435:
2433:
2430:
2428:
2425:
2423:
2420:
2418:
2415:
2414:
2412:
2392:
2388:
2382:
2379:
2367:
2363:
2356:
2353:
2341:
2337:
2331:
2328:
2316:
2312:
2306:
2303:
2290:
2286:
2280:
2277:
2273:
2269:
2264:
2261:
2248:
2244:
2238:
2235:
2223:
2219:
2213:
2210:
2198:
2194:
2188:
2185:
2173:
2169:
2162:
2159:
2146:
2142:
2136:
2133:
2121:
2117:
2110:
2107:
2095:
2091:
2087:
2081:
2078:
2073:
2069:
2063:
2060:
2056:
2052:
2046:
2044:
2040:
2028:
2024:
2017:
2014:
2010:
2006:
2002:
1998:
1994:
1990:
1987:Transcripts:
1984:
1981:
1969:
1965:
1958:
1955:
1942:
1938:
1932:
1929:
1917:
1913:
1906:
1903:
1898:
1893:
1885:
1882:
1877:
1873:
1867:
1864:
1860:
1856:
1852:
1847:
1844:
1840:
1836:
1832:
1827:
1825:
1821:
1808:
1801:
1798:
1786:
1782:
1775:
1772:
1759:
1755:
1748:
1745:
1740:
1736:
1729:
1726:
1714:
1710:
1703:
1700:
1688:
1684:
1677:
1674:
1662:
1658:
1651:
1648:
1636:
1632:
1625:
1622:
1610:
1606:
1599:
1596:
1584:
1580:
1574:
1571:
1559:
1555:
1548:
1545:
1533:
1529:
1522:
1520:
1516:
1504:
1500:
1493:
1491:
1487:
1474:
1470:
1464:
1461:
1449:
1445:
1438:
1435:
1422:
1416:
1413:
1401:
1397:
1390:
1387:
1375:
1371:
1364:
1361:
1349:
1345:
1338:
1335:
1332:
1327:
1324:
1311:
1307:
1301:
1298:
1286:
1285:
1280:
1273:
1271:
1269:
1265:
1261:. abc.net.au.
1260:
1253:
1250:
1237:
1233:
1226:
1224:
1220:
1216:. abc.net.au.
1215:
1208:
1205:
1201:
1198:, (1999) 199
1197:
1193:
1192:
1186:
1183:
1179:
1176:, (1988) 167
1175:
1171:
1170:
1164:
1161:
1157:
1154:, (1987) 167
1153:
1149:
1148:
1142:
1139:
1127:
1120:
1117:
1112:
1105:
1098:
1095:
1090:
1089:
1084:
1078:
1075:
1071:
1067:
1064:
1059:
1056:
1052:
1048:
1043:
1040:
1035:
1028:
1022:
1019:
1015:
1012:, (1992) 176
1011:
1007:
1006:
1000:
998:
994:
989:
982:
977:
974:, (2017) 263
973:
969:
964:
962:
960:
958:
956:
954:
952:
950:
948:
946:
944:
940:
934:
932:
930:
926:
920:
918:
914:
910:
906:
905:Hollie Hughes
901:
899:
895:
891:
887:
883:
882:Jacqui Lambie
879:
878:Stephen Parry
874:
872:
868:
863:
861:
860:Fraser Anning
857:
853:
848:
846:
842:
838:
832:
830:
818:
806:
802:
797:
788:
787:
781:
779:
777:
772:
770:
766:
761:
754:
750:
746:
741:
740:
739:
737:
733:
724:
722:
720:
719:
718:amicus curiae
714:
710:
702:
700:
698:
694:
690:
685:
681:
677:
673:
669:
665:
662:had been the
661:
660:Nick Xenophon
655:Nick Xenophon
654:
652:
649:
648:Patrick Keane
644:
642:
637:
633:
629:
625:
618:
616:
614:
610:
606:
599:
597:
595:
591:
586:
582:
575:
573:
570:
566:
559:
557:
555:
551:
547:
543:
542:Barnaby Joyce
537:Barnaby Joyce
536:
534:
530:
528:
524:
520:
516:
512:
508:
504:
497:
495:
493:
489:
485:
481:
477:
473:
470:
465:
463:
459:
458:Nick Xenophon
455:
451:
447:
443:
442:Barnaby Joyce
439:
435:
431:
427:
423:
419:
415:
411:
407:
400:
392:
390:
388:
384:
383:
377:
373:
372:
366:
362:
357:
354:
348:
343:
341:
337:
330:
324:
323:
322:
318:
312:
310:
308:
307:
302:
297:
295:
291:
287:
283:
279:
275:
274:
262:
259:
257:
256:Voluntariness
254:
252:
249:
247:
244:
242:
239:
236:
235:
232:
227:
223:
217:
214:Case opinions
212:
209:
206:
202:
198:
194:
190:
186:
182:
179:
176:
172:
167:
164:
160:
157:
153:
150:
146:
143:
139:
134:
129:
125:
121:
119:
115:
111:
109:
105:
101:
100:
99:
95:
91:
87:
84:
80:
76:
72:
68:
64:
61:
57:
54:
50:
47:
43:
40:
36:
32:
27:
22:
19:
2394:. Retrieved
2390:
2381:
2369:. Retrieved
2365:
2355:
2343:. Retrieved
2339:
2330:
2318:. Retrieved
2314:
2305:
2293:. Retrieved
2288:
2279:
2267:
2263:
2251:. Retrieved
2246:
2237:
2225:. Retrieved
2221:
2212:
2200:. Retrieved
2196:
2187:
2175:. Retrieved
2171:
2161:
2149:. Retrieved
2144:
2135:
2123:. Retrieved
2119:
2109:
2097:. Retrieved
2093:
2086:Twomey, Anne
2080:
2071:
2062:
2050:
2030:. Retrieved
2026:
2016:
2004:
1996:
1988:
1983:
1971:. Retrieved
1967:
1957:
1945:. Retrieved
1941:The Guardian
1940:
1931:
1919:. Retrieved
1915:
1905:
1896:
1884:
1875:
1866:
1850:
1846:
1830:
1811:. Retrieved
1800:
1788:. Retrieved
1784:
1774:
1762:. Retrieved
1757:
1747:
1741:. Australia.
1738:
1728:
1716:. Retrieved
1712:
1702:
1690:. Retrieved
1687:The Guardian
1686:
1676:
1664:. Retrieved
1661:The Guardian
1660:
1650:
1638:. Retrieved
1634:
1624:
1612:. Retrieved
1608:
1598:
1586:. Retrieved
1582:
1573:
1561:. Retrieved
1558:The Guardian
1557:
1547:
1535:. Retrieved
1532:The Guardian
1531:
1506:. Retrieved
1502:
1477:. Retrieved
1472:
1463:
1451:. Retrieved
1447:
1437:
1424:. Retrieved
1415:
1403:. Retrieved
1400:The Guardian
1399:
1389:
1377:. Retrieved
1373:
1363:
1351:. Retrieved
1348:The Guardian
1347:
1337:
1326:
1314:. Retrieved
1309:
1300:
1288:. Retrieved
1282:
1252:
1240:. Retrieved
1235:
1207:
1189:
1185:
1167:
1163:
1145:
1141:
1129:. Retrieved
1119:
1097:
1086:
1077:
1068:; (1950) 51
1062:
1058:
1047:Constitution
1046:
1042:
1021:
1003:
967:
929:David Feeney
921:
908:
902:
875:
864:
854:; Waters by
849:
837:Tony Windsor
833:
825:
812:
805:Re Gallagher
804:
800:
776:Tony Windsor
773:
762:
758:
752:
748:
744:
735:
731:
728:
716:
706:
658:
645:
622:
603:
579:
565:Scott Ludlam
563:
560:Scott Ludlam
540:
531:
503:Matt Canavan
501:
498:Matt Canavan
466:
448:and Senator
430:Matt Canavan
410:Scott Ludlam
402:
387:Heather Hill
380:
379:decision in
369:
360:
358:
350:
345:
332:
328:
320:
316:
304:
301:dual citizen
298:
277:
272:
271:
270:
221:
158:
144:
141:Prior action
136:Case history
59:
55:
18:
2396:12 December
2371:12 December
2345:12 December
2320:12 December
2295:22 December
2253:18 December
2227:12 December
2202:12 December
2177:12 December
2151:12 December
1718:24 December
1713:news.com.au
1147:Nile v Wood
871:New England
867:by-election
550:New England
505:has been a
365:Robert Wood
361:Nile v Wood
351:In 1981, a
251:Naturalised
97:Transcripts
2411:Categories
2125:1 November
2099:31 October
2051:Re Canavan
2032:30 October
2005:Re Canavan
1997:Re Canavan
1989:Re Canavan
1876:abc.net.au
1859:High Court
1851:Re Roberts
1839:High Court
1831:Re Roberts
1692:12 October
1191:Sue v Hill
1034:High Court
988:High Court
935:References
769:countbacks
628:One Nation
581:Fiona Nash
576:Fiona Nash
472:Opposition
462:High Court
450:Fiona Nash
434:One Nation
382:Sue v Hill
313:Background
241:imperative
222:per curiam
145:Re Roberts
2197:NewsComAu
2027:AUSPUBLAW
1973:6 October
1947:6 October
1921:18 August
1813:25 August
1790:17 August
1758:GreensMPs
1666:24 August
1640:24 August
1563:18 August
1537:19 August
1508:18 August
1479:17 August
1453:15 August
1426:15 August
1405:14 August
1379:14 August
1316:12 August
1236:GreensMPs
1131:15 August
1051:s 44
917:Jim Molan
703:Arguments
446:Nationals
408:Senators
92: 284
82:Citations
2391:SBS News
2289:ABC News
2268:Re Nash
2247:ABC News
2222:SBS News
2145:ABC News
1785:ABC News
1739:ABC News
1473:ABC News
1353:9 August
1310:ABC News
1284:ABC News
909:Re Nash
815:May 2018
725:Judgment
632:BuzzFeed
594:Scottish
544:was the
436:Senator
428:Senator
418:Senators
229:Keywords
159:Re Nash
2120:The Age
2072:The Age
1764:26 July
1614:26 July
1588:26 July
1290:26 July
1242:26 July
1169:Re Wood
927:and MP
841:Cabinet
801:updated
676:British
607:was a
567:was a
492:Cabinet
490:in the
374:that a
205:Edelman
189:Gageler
122:12 Oct
112:11 Oct
102:10 Oct
74:Decided
44:as the
1049:(Cth)
884:, and
684:Cyprus
674:, and
672:Greece
626:was a
609:Greens
583:was a
569:Greens
452:, and
201:Gordon
197:Nettle
178:Kiefel
66:Argued
2270:
2053:
2007:
1999:
1991:
1853:
1833:
1202:462..
1194:
1172:
1150:
1107:(PDF)
1030:(PDF)
1008:
984:(PDF)
970:
469:Labor
393:Facts
193:Keane
161:
147:
38:Court
2398:2017
2373:2017
2347:2017
2322:2017
2297:2017
2255:2017
2229:2017
2204:2017
2179:2017
2153:2017
2127:2017
2101:2017
2034:2017
1975:2017
1949:2017
1923:2017
1815:2017
1792:2017
1766:2017
1720:2018
1694:2017
1668:2017
1642:2017
1616:2017
1590:2017
1565:2017
1539:2017
1510:2017
1481:2017
1455:2017
1428:2017
1407:2017
1381:2017
1355:2017
1318:2017
1292:2017
1244:2017
1180:145.
1158:133.
1133:2017
1072:171.
513:and
486:and
412:and
336:Pope
185:Bell
1200:CLR
1178:CLR
1156:CLR
1070:ALJ
1016:77.
1014:CLR
976:CLR
678:or
90:CLR
2413::
2389:.
2364:.
2338:.
2313:.
2287:.
2245:.
2220:.
2195:.
2170:.
2143:.
2118:.
2092:.
2070:.
2042:^
2025:.
1966:.
1939:.
1914:.
1895:.
1874:.
1823:^
1783:.
1756:.
1737:.
1711:.
1685:.
1659:.
1633:.
1607:.
1581:.
1556:.
1530:.
1518:^
1501:.
1489:^
1471:.
1446:.
1398:.
1372:.
1346:.
1308:.
1281:.
1267:^
1234:.
1222:^
1109:.
1085:.
1032:.
996:^
986:.
942:^
900:.
888:.
880:,
865:A
862:.
711:,
699:.
432:,
309:.
296:.
208:JJ
203:,
199:,
195:,
191:,
187:,
183:,
181:CJ
126:;
116:;
106:;
2400:.
2375:.
2349:.
2324:.
2299:.
2257:.
2231:.
2206:.
2181:.
2155:.
2129:.
2103:.
2036:.
1977:.
1951:.
1925:.
1899:.
1861:.
1841:.
1817:.
1794:.
1768:.
1722:.
1696:.
1670:.
1644:.
1618:.
1592:.
1567:.
1541:.
1512:.
1483:.
1457:.
1430:.
1409:.
1383:.
1357:.
1320:.
1294:.
1246:.
1135:.
1113:.
817:)
813:(
807:.
755:.
424:—
224:)
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
