NewsBite

Malcolm Roberts was British dual national when elected

One Nation senator Malcolm Roberts was still a British dual national when he was elected to federal parliament.

Malcolm Roberts in the Senate Chamber. Picture: Kym Smith.
Malcolm Roberts in the Senate Chamber. Picture: Kym Smith.

One Nation senator Malcolm Roberts was still a British dual national when he was elected to federal parliament, leaving himself wide open to a constitutional legal challenge, but claims he took all reasonable steps to renounce his UK citizenship.

The Queenslander, who was born in India and whose father is Welsh, has repeatedly refused to provide the relevant renunciation documents and went on Sky News’ Paul Murray Live program tonight to talk through a timeline of events, which revealed he was a British national until December 5 last year.

Senator Roberts said he sent three e-mails to the British consulate in May 2016, two months before the July 2 election and five weeks before nominations closed, asking if he was a UK citizen.

With no response and the cut off for the nomination date drawing near, Senator Roberts said he wrote “again, again and again” to clarify his position.

“(I) said I believe I am not a British citizen, and just in case though if I am I renounce it effective immediately,” Senator Roberts said.

“I’d taken all steps that I’d reasonably believed necessary.”

Senator Roberts said he received his formal renunciation on December 5, five months after the election.

Under section 44 of the Constitution a person who is a citizen of another country is deemed incapable of nominating for or sitting in parliament.

The High Court has ruled in previous cases that if a candidate cannot renounce their allegiance to another country, they must take all “reasonable steps” to do so.

Former Greens co-deputy leaders Larissa Waters and Scott Ludlam were forced to resign earlier this month after discovering they were dual citizens of Canada and New Zealand respectively when they nominated for parliament, and in subsequent elections.

The future of Nationals rising star and former cabinet minister Matt Canavan is also in doubt after he learned his mother had successfully applied for him to become an Italian citizen in 2006 without his knowledge.

Senator Roberts declared he was “very confident” he would win any legal challenge and said he had not released his paperwork because the “Twitterati” would misrepresent him.

The senator also claimed he had learned Labor would not support an inquiry into the eligibility of all members and senators to sit in parliament, as he has been calling for.

Rosie Lewis
Rosie LewisPolitical Correspondent

Rosie Lewis is The Australian’s Political Correspondent. She made her mark in Canberra after breaking story after story about the political rollercoaster unleashed by the Senate crossbench of the 44th parliament. Her national reporting includes exclusives on the dual citizenship fiasco, women in parliament, the COVID-19 pandemic, voice referendum and climate wars. Lewis has covered policy in-depth across most portfolios and has a particular focus on climate and energy.

Add your comment to this story

To join the conversation, please Don't have an account? Register

Join the conversation, you are commenting as Logout

Original URL: https://www.theaustralian.com.au/national-affairs/malcolm-roberts-was-british-dual-national-when-elected/news-story/4c1bdf8f23363f359614dd9bc6c251ad