Labor MPs double down as senator refers herself to High Court

Labor MPs have refused to follow senator Katy Gallagher in referring her citizenship credentials to the High Court.

Labor’s Katy Gallagher in the Senate yesterday. Picture: Kym Smith

Labor MPs who were British citizens when they nominated for federal parliament have refused to refer themselves to the High Court unless government members also go, as the opposition suffered its first casualties in the widening citizenship scandal.

Five months after the dual-citizenship crisis claimed its first scalps, Labor senator Katy Gallagher, who did not cease being British until two months after nominating for the 2016 election, said she had formed the view her eligibility should be tested in court.

But her lower house colleagues who were also dual citizens at nomination did not follow suit, ­arguing they, like Senator Gallagher, had taken “all reasonable steps” to renounce their foreign nationality.

Senator Gallagher declared there was “no basis” for her referral and was only putting herself forward because of “hostile threats” from the government.

“Conscious that the attacks on my legitimacy to sit as a senator will continue to be used by my political opponents, I have formed the view that my situation should be considered by the High Court, despite the lack of any legal advice ­indicating I have a problem that warrants referral,” she said.

Labor member for Batman David Feeney, a close ally of Bill Shorten’s, also referred himself to the court late yesterday after revealing on Tuesday the UK government could not find copies of British renunciation forms he ­apparently lodged a decade ago.

The Opposition Leader said Mr Feeney told him he did not have the necessary documents.

The government has targeted Labor members Justine Keay and Josh Wilson and the Nick Xenophon Team’s Rebekha Sharkie for referral because they were not sole Australians when they handed in their nomination forms. In a heated exchange, Labor MP Brian Mitchell called an ABC journalist a “maggot” as Ms Keay was questioned over her citizenship status.

The government also believes Queensland Labor MP Susan Lamb should be referred after she admitted the UK Home Office was unable to complete her renunciation request because it was not “satisfied” from the documents provided she was British.

Section 44 of the Constitution prohibits dual nationals from being chosen or of sitting in parliament.

University of Sydney constitutional law expert Anne Twomey said Senator Gallagher’s referral would “clear up whether or not a person having just done everything within their own control (to renounce) is enough or whether all processes need to be completed and all disqualifying factors ­removed by nomination date”.