Mayo MP Rebekha Sharkie may not have renounced British dual-citizenship soon enough before Federal Election

NXT’s Mayo MP Rebekha Sharkie is under pressure to refer herself to the High Court after revealing that her UK citizenship was renounced after election nominations closed.

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MAYO MP Rebekha Sharkie is under pressure to refer herself to the High Court after revealing that her UK citizenship was renounced after election nominations closed.

The Nick Xenophon Team’s only Lower House MP is the latest politician caught up in the citizenship crisis.

Ms Sharkie insists she “took all steps that were required” and had “no control as to the speed at which the UK Home Office processed my application”.

Prime Minister Malcolm Turnbull said it was an “interesting argument” that a person who knew they were a UK citizen but did not “bother to get their forms in on time” should not be disqualified.

For the record I'm Australian. Made sure my dual UK citizenship renounced BEFORE election #trueblue

— Rebekha Sharkie MP (@MakeMayoMatter) July 18, 2017

The loss of Ms Sharkie from Parliament could hurt the Turnbull Government in the short term as it was relying on her vote while the citizenship issue was dealt with, but help in the long run if the Liberals reclaim the seat at a by-election.

Ms Sharkie, who was born in England and moved to Australia when she was aged one, said she sent a letter to the UK Home Office on April 19 to ­renounce her citizenship but it was not registered with officials until June 29.

She said she nominated for the Adelaide Hills seat around June 7. Nominations closed on June 9.

The High Court has said candidates must be eligible under the Constitution on the date of nomination and that citizenship ceases when the renunciation was registered with overseas officials.

NXT MP Rebekha Sharkie with ex-senator and NXT leader Nick Xenophon at Parliament House. Picture: AAP/Mick Tsikas

The Advertiser understands the Prime Minister called Ms Sharkie about the citizenship saga after she demanded he contact crossbenchers during an interview on Sky News on Thursday morning.

During that conversation, Ms Sharkie revealed her status and Mr Turnbull suggested she consider making the details public.

“The Prime Minister in our conversation suggested I may have to refer myself to the High Court,” Ms Sharkie said.

“I have discussed this issue with Nick Xenophon and have sought some preliminary legal advice.

“I believe that I took all steps that were required by the UK to renounce any entitlement to UK citizenship that were within my power to do so. I had no control as to the speed at which the UK Home Office processed my application.”

In July, she tweeted: “For the record I’m Australian. Made sure my dual UK citizenship renounced BEFORE election #true-blue”

Constitutional law expert Anne Twomey said there were two views on whether the High Court would disqualify MPs who received confirmation after the close of nominations but before the election.

“You shouldn’t be beholden to how long it takes for some bureaucrat in another country to process it. That’s a reasonable view to take,” Prof Twomey said.

“On the other hand ... the High Court has said if you are a dual citizen at the time of nomination, then that’s it — you’re disqualified.”

Labor MPs Justine Keay, Susan Lamb and Josh Wilson all appeared to be in the same predicament as Ms Sharkie.

Mr Turnbull and Labor leader Bill Shorten on Thursday exchanged letters in a further attempt to agree on a citizenship disclosure process.

The Prime Minister said the Government would be willing to bring forward the deadline for MPs to make declarations to December 7 — the final day of Parliament for the year. But Mr Shorten wants December 1.

Meanwhile, a Seven News ReachTEL poll of the state seat of Hartley shows Mr Xenophon’s SA Best party would receive 53 per cent of votes to the Liberals’ 47 per cent on a two-party basis. Former Labor minister Grace Portolesi’s decision to try to win back the seat has boosted Labor’s primary vote by 1 per cent to 20.7 per cent.

NXT leader Nick Xenophon was himself drawn into the citizenship crisis, but was cleared by the High Court along with Liberal MP Matt Canavan.

Before the decision, Mr Xenophon announced he would quit the Senate to run for South Australia’s lower house in the seat of Hartley.

Timeline

April 19 2016 — Rebekha Sharkie sends paperwork to renounce British citizenship

June 9 — Candidate nominations for 2016 election closed

June 14 — Early voting commenced

July 2 — Election day

About July 4 — Received confirmation she ceased to be a British citizen on June 29