South Australian Senator Nick Xenophon ruled eligible to sit in Parliament in High Court ruling

SOUTH Australian Senator Nick Xenophon has been cleared by the High Court of breaching dual-citizenship rules in the constitution.

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SOUTH Australian Senator Nick Xenophon has been cleared by the High Court of breaching dual-citizenship rules in the constitution.

Senator Xenophon was participating in a Senate estimates committee hearing when he was told the news by colleagues.

“I’m safe? Thanks,’’ he said.

He is expected to quit the Senate next week to run for State Parliament.
The Nick Xenophon Team will be able to nominate a replacement senator.

Senator Nick Xenophon at the British Hotel in North Adelaide after discovering he was a British Citizen by way of his father’s Cyprian heritage. Photo Tait Schmaal.

His case was referred to the High Court of Australia after discovering he had inherited “British Overseas Citizenship” from his Cyprus-born father. In the High Court, Senator Xenophon’s legal team argued that British Overseas Citizenship did not entitle him to citizenship rights.

The court accepted that Senator Xenophon was not a subject of the United Kingdom.

“Nor was he entitled to the rights and privileges of a subject or citizen of the United Kingdom,’’ the judgement said.

“Accordingly, there is no vacancy in the representation of South Australia in the Senate for the place for which Senator Xenophon was returned.’’