Katy Gallagher: Experts want Labor Senator’s citizenship claim tested
CONSTITUTIONAL experts have called for the High Court to rule on whether Labor Senator Katy Gallagher is an Ecuadorean citizen and therefore disqualified from sitting in the Australian parliament.
NSW
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CONSTITUTIONAL experts have called for Labor’s Katy Gallagher to be referred to the High Court for a ruling on whether she is an Ecuadorean citizen who is disqualified from parliament.
The Daily Telegraph revealed yesterday Ms Gallagher, one of the Opposition’s key attack dogs against the government on citizenship, is eligible for Ecuadorean citizenship under the South American country’s constitution because her mother was born there.
Professor of public law at the University of Sydney and accredited expert on Australian immigration law, Professor Mary Crock, said Ms Gallagher should be referred to the High Court, saying the Ecuadorean constitution was “pretty clear.”
“It seems pretty clear. Even if you accept that that change occurred in 2008, she was elected in 2015 so I think this is a very unusual situation. She may be in trouble,” Prof Crock said. “The others are being referred and, of course, this has to be referred to the High Court.”
Constitutional expert and Dean of the Law Faculty at the University of New South Wales, Professor George Williams, said Ms Gallagher’s case had raised reasonable questions, similar to One Nation Malcolm Roberts’ and Nick Xenophon’s citizenship.
“There’s enough there that there are questions that need to be answered,” he said.
“I’ve looked at the material myself and I think what I said on a similar circumstance involving Malcolm Roberts was there was sufficient information there. It does require further investigation.
“Labor may provide more documents or provide clarity and also confidence in this area. If that doesn’t happen, then yes you would expect as with the other cases, there is enough there to be examined by the High Court.”
Prior to The Daily Telegraph’s revelations yesterday, Ms Gallagher had not sought legal advice about whether she could be an Ecuadorean citizen.
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Yet Opposition Leader Bill Shorten refused to refer Ms Gallagher to the High Court for clarity on her case despite his party being unable to produce any evidence to support their claim that the Ecuadorean constitution is not retrospective.
Former prime minister Tony Abbott said “of course” Mr Shorten should refer Ms Gallagher to the High Court.
“If he were fair dinkum that’s what he’d do,” he said. “Shorten’s double standards here are outrageous and show you can’t trust Labor.”
Ms Gallagher said the circumstances of her mother’s birth and citizenship were investigated “as part of the ALP vetting process”.
“As a result of these investigations it was determined that I had not obtained Ecuadorean citizenship by descent from my mother,” she said.
Prof Crock said even if Ms Gallagher did not actively apply to become an Ecuadorean citizen, the fact she was entitled to hold it would breach Australia’s constitution. “I think she’s caught very innocently by the change in law and probably not aware of it,” she said.
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