Egypt clears Anne Aly but legal doubts linger over MP’s dates

The Egyptian embassy has vouched that Labor MP Anne Aly relinquished her dual citizenship in time for her election.

Labor's Anne Aly. Picture: Colin Murty

Labor MP Anne Aly has produced a document from the Egyptian embassy in Canberra providing an assurance she relinquished her foreign citizenship on May 6, 2016, avoiding a conflict under section 44 of the Constitution and the prospect of a sixth “super Saturday” by-election.

But Dr Aly has still not confirmed the date she nominated before the 2016 double-dissolution election, which could prove problematic following Wednesday’s High Court decision, with some lawyers also questioning the accuracy of the statement issued by the Egyptian embassy.

Melbourne Law School professor Jeremy Gans wrote yesterday that Article 22 of the Egyptian nationality law stated that, to remove citizenship, the Egyptian government must issue and publish a decree that could not be applied retrospectively.

“Aly’s register has no proof of the date of any decree by the Egyptian government, in particular whether it occurred before she nominated (on June 9, 2016). Worse, there’s no proof that the decree has been made at all. She may well still be Egyptian,” Professor Gans wrote on the Inside Story website.

The High Court has also made clear that candidates must have ­relinquished dual citizenship at least by the close of nominations which, in 2016, was midday on June 9. However, it also entertains the prospect of candidates needing to relinquish dual citizenship by the date of their ­individual nomination, before the June 9 deadline.

High Court judge Stephen Gageler noted that, in the case of the now-disqualified ACT Labor Senator Katy Gallagher, she was a “citizen of a foreign power at the time of her nomination for election to the Senate on May 31, 2016, and was for that reason incapable of being chosen as a senator at the double-dissolution election”.

Dr Aly has not directly stated the date of her nomination, but yesterday argued her production of the Egyptian embassy document should “put the matter to rest, once and for all”.

The embassy statement said: “Dr Anne Aly renounced Egyptian citizenship on May 6, 2016, having completed all the steps required and, as of that date, had completely renounced her Egyptian citizenship. Nothing further needed to be done to make her renunciation effective.”

It was dated yesterday, suggesting Dr Aly scrambled to obtain written evidence after receiving questions from The Australian on Thursday.

● Labor’s federal executive yesterday endorsed former Kevin Rudd adviser Patrick Gorman as the party’s candidate for the looming Perth by-election, although some factional chiefs had pushed for senator Louise Pratt.