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You can find the current article at its original source at https://www.theguardian.com/australia-news/2018/jan/19/labor-mp-david-feeney-tells-high-court-he-cannot-find-citizenship-papers
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| Labor MP David Feeney tells high court he cannot find citizenship papers | Labor MP David Feeney tells high court he cannot find citizenship papers |
| (about 1 month later) | |
| Victorian MP David Feeney has confirmed he is still unable to produce any documentary evidence from British or Irish authorities that he took steps to renounce his citizenship and entitlements, the high court has heard. | Victorian MP David Feeney has confirmed he is still unable to produce any documentary evidence from British or Irish authorities that he took steps to renounce his citizenship and entitlements, the high court has heard. |
| Legal representatives of David Feeney and Katy Gallagher, the first two Labor members to be caught in the citizenship fiasco, appeared before the high court in Brisbane on Friday. | Legal representatives of David Feeney and Katy Gallagher, the first two Labor members to be caught in the citizenship fiasco, appeared before the high court in Brisbane on Friday. |
| Feeney was referred to the court by federal parliament in December after being unable to produce documents confirming he had renounced any foreign citizenship in 2007. | Feeney was referred to the court by federal parliament in December after being unable to produce documents confirming he had renounced any foreign citizenship in 2007. |
| Citizenship case: Labor enlists legal firepower in bid to save Katy Gallagher | Citizenship case: Labor enlists legal firepower in bid to save Katy Gallagher |
| On Friday, the high court granted Feeney an extension to 1 February to allow his team to continue their search for the relevant documents. There were also delays in confirming expert witnesses. | On Friday, the high court granted Feeney an extension to 1 February to allow his team to continue their search for the relevant documents. There were also delays in confirming expert witnesses. |
| Lawyer TE O’Brien prefaced the two main issues he would be addressing on behalf of Feeney – the factual matter of what steps he took to renounce foreign citizenship and entitlements, and whether they constituted “all reasonable steps”. | Lawyer TE O’Brien prefaced the two main issues he would be addressing on behalf of Feeney – the factual matter of what steps he took to renounce foreign citizenship and entitlements, and whether they constituted “all reasonable steps”. |
| Feeney’s evidence would be that in 2007, before being nominated, he received advice from the ALP legal unit on steps he should take to renounce his British citizenship and his entitlements to take up Irish citizenship. | Feeney’s evidence would be that in 2007, before being nominated, he received advice from the ALP legal unit on steps he should take to renounce his British citizenship and his entitlements to take up Irish citizenship. |
| “For some reason, Mr Feeney’s renunciation was not registered,” O’Brien said. | “For some reason, Mr Feeney’s renunciation was not registered,” O’Brien said. |
| Inquiries were still being made to find evidence, he said. | Inquiries were still being made to find evidence, he said. |
| Gallagher has said she took all steps within her power to renounce her British citizenship before nominating to run for the Senate. | Gallagher has said she took all steps within her power to renounce her British citizenship before nominating to run for the Senate. |
| Her legal team will argue that she not only took “reasonable steps” to renounce her citizenship by descent, but also every possible step available to her. | Her legal team will argue that she not only took “reasonable steps” to renounce her citizenship by descent, but also every possible step available to her. |
| Chief Justice Susan Kiefel said the relevant question appeared to be which date in the timeline of Gallagher’s renunciation attempt, nomination, election and renunciation confirmation mattered. | Chief Justice Susan Kiefel said the relevant question appeared to be which date in the timeline of Gallagher’s renunciation attempt, nomination, election and renunciation confirmation mattered. |
| One Nation candidate alleges Lambie Senate replacement has conflict of interest | One Nation candidate alleges Lambie Senate replacement has conflict of interest |
| The solicitor general, Stephen Donaghue QC, said Gallagher took steps to renounce her British citizenship less than two months before the close of nominations, leading to potential questions about the “reasonableness” of her timing. | The solicitor general, Stephen Donaghue QC, said Gallagher took steps to renounce her British citizenship less than two months before the close of nominations, leading to potential questions about the “reasonableness” of her timing. |
| A byelection in Feeney’s marginal seat of Batman in Melbourne could be challenging for Labor – the Greens are a genuine threat with preselected candidate, Alex Bhathal. | A byelection in Feeney’s marginal seat of Batman in Melbourne could be challenging for Labor – the Greens are a genuine threat with preselected candidate, Alex Bhathal. |
| Section 44 (i) of Australia's constitution bars "citizens of a foreign power" from serving in parliament, including dual citizens, or those entitled to dual citizenship. But the provision was very rarely raised until July 2017, when the Greens senator Scott Ludlam suddenly announced he was quitting parliament after discovering he had New Zealand citizenship. | Section 44 (i) of Australia's constitution bars "citizens of a foreign power" from serving in parliament, including dual citizens, or those entitled to dual citizenship. But the provision was very rarely raised until July 2017, when the Greens senator Scott Ludlam suddenly announced he was quitting parliament after discovering he had New Zealand citizenship. |
| That sparked a succession of cases, beginning with Ludlam’s colleague Larissa Waters, as MPs and senators realised their birthplace or the sometimes obscure implications of their parents’ citizenship could put them in breach. | That sparked a succession of cases, beginning with Ludlam’s colleague Larissa Waters, as MPs and senators realised their birthplace or the sometimes obscure implications of their parents’ citizenship could put them in breach. |
| By October, seven cases had been referred by parliament to the high court, which has the final say on eligibility. They were Ludlam and Waters; the National party leader Barnaby Joyce, deputy leader Fiona Nash and minister Matt Canavan; One Nation’s Malcolm Roberts; and independent Nick Xenophon. | By October, seven cases had been referred by parliament to the high court, which has the final say on eligibility. They were Ludlam and Waters; the National party leader Barnaby Joyce, deputy leader Fiona Nash and minister Matt Canavan; One Nation’s Malcolm Roberts; and independent Nick Xenophon. |
| The court found that five of the seven had been ineligible to stand for parliament, exonerating only Canavan and Xenophon. That meant the senators involved had to be replaced by the next candidate on the ballot at the 2016 federal election, while the sole lower house MP – Joyce – would face a byelection on 2 December in his New South Wales seat of New England. Joyce renounced his New Zealand citizenship and won the seat again. | The court found that five of the seven had been ineligible to stand for parliament, exonerating only Canavan and Xenophon. That meant the senators involved had to be replaced by the next candidate on the ballot at the 2016 federal election, while the sole lower house MP – Joyce – would face a byelection on 2 December in his New South Wales seat of New England. Joyce renounced his New Zealand citizenship and won the seat again. |
| After the court ruling the president of the Senate, the Liberal Stephen Parry, also resigned on dual citizenship grounds. Then MP John Alexander quit, triggering a byelection in his Sydney seat of Bennelong – which he won. Independent Tasmanian senator Jacqui Lambie became the next casualty and NXT senator Skye Kakoschke-Moore soon followed. Labor MP David Feeney also had to quit, but Ged Kearney won his seat of Batman back for the ALP. | After the court ruling the president of the Senate, the Liberal Stephen Parry, also resigned on dual citizenship grounds. Then MP John Alexander quit, triggering a byelection in his Sydney seat of Bennelong – which he won. Independent Tasmanian senator Jacqui Lambie became the next casualty and NXT senator Skye Kakoschke-Moore soon followed. Labor MP David Feeney also had to quit, but Ged Kearney won his seat of Batman back for the ALP. |
| The case of senator Katy Gallagher tested the interpretation relied on by Labor that taking ‘reasonable steps’ to renounce citizenship was enough to preserve eligibility. In May 2018 the high court ruled against her, forcing a further three Labor MPs – Justine Keay, Susan Lamb and Josh Wilson – to quit, along with Rebekha Sharkie of the Centre Alliance (formerly NXT). The major parties have agreed that all MPs and senators must now make a formal declaration of their eligibility, disclose foreign citizenship and steps to renounce it. But the constitution cannot be changed without a referendum. | The case of senator Katy Gallagher tested the interpretation relied on by Labor that taking ‘reasonable steps’ to renounce citizenship was enough to preserve eligibility. In May 2018 the high court ruled against her, forcing a further three Labor MPs – Justine Keay, Susan Lamb and Josh Wilson – to quit, along with Rebekha Sharkie of the Centre Alliance (formerly NXT). The major parties have agreed that all MPs and senators must now make a formal declaration of their eligibility, disclose foreign citizenship and steps to renounce it. But the constitution cannot be changed without a referendum. |
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| The court granted an application for Bhathal to be made a party to the matters, and heard she could serve as contradictor to Feeney’s case. The legal representatives of the attorney general did not oppose the suggestion. | The court granted an application for Bhathal to be made a party to the matters, and heard she could serve as contradictor to Feeney’s case. The legal representatives of the attorney general did not oppose the suggestion. |
| Kiefel said there were limits on the high court’s ability to fast-track all citizenship cases “as they keep coming in”, instead pushing for a hearing during the March sittings. | Kiefel said there were limits on the high court’s ability to fast-track all citizenship cases “as they keep coming in”, instead pushing for a hearing during the March sittings. |
| Australian Associated Press contributed to this report | Australian Associated Press contributed to this report |
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