Pauline Hanson says ‘no evidence’ Malcolm Roberts was British

Pauline Hanson has seized on a letter which ‘proves’ Malcolm Roberts was never British and says he should release evidence.

Pauline Hanson says she would advise Malcolm Roberts to make his documents public. Picture: AAP

One Nation leader Pauline Hanson says there is “no evidence” her Queensland colleague Malcolm Roberts was ever British, even though he says the UK government registered renunciation of his citizenship last December.

Senator Roberts has been receiving advice from a QC since Friday and will present documents to the Senate next week that his party claims will clear him of any doubt over his citizenship status.

Senator Hanson said she would advise Senator Roberts make his documents public because they were “in the public interest”, as she launched a staunch defence of her senator, who is facing a possible referral to the High Court.

The Coalition also says Labor MP Justine Keay has “serious questions to answer” after she revealed the British government did not confirm her citizenship had been relinquished and subsequently registered until after the election.

Greens senator Nick McKim published a letter from the UK Home Office to clear up his British citizenship status that failed to specify the date from which his renunciation was effective. Senator McKim’s office said it was renounced on July 31, 2015.

The Australian can reveal Senator Hanson has seized on a letter supposedly sent from the British High Commission to Senator Roberts after the July election that said he may have a “claim” to British citizenship.

The party and Senator Hanson say the letter confirms Senator Roberts’ belief he was never a British citizen but it is unclear why a renunciation was then registered in December.

“The whole fact is there’s no evidence he did have citizenship with Great Britain. A letter came back from the High Commission, they’ve clearly said he can claim British citizenship — that means he hasn’t, but can,” she told The Australian, which has not seen the letter in question.

A cloud has been hanging over Senator Roberts, who was born in India to a Welsh father in 1955, after he revealed last week he received a “formal registration” of his British citizenship renunciation on December 5, five months after the July 2 election and six months after candidate nominations closed on June 9.

A person who is a dual national at time of nominating is deemed ineligible to sit in parliament under section 44 of the Constitution, unless they can show they took “reasonable steps” to renounce their foreign citizenship before nominations closed.

Senator Roberts argues he took “reasonable steps” by repeatedly emailing the British consulate seeking clarification on his status, and ultimately asking for any citizenship to be revoked “effectively immediately” on June 6 last year. It is unclear whether he ever filled out the form RN to officially give up British citizenship.

Sources familiar with Senator Roberts’ case told The Australian the only response to the June 6 e-mail he received from the UK government was the letter referred to by Senator Hanson, which arrived after the election.

Australian National University professor Kim Rubenstein, who specialises in citizenship law, said Senator Roberts’ eligibility could only be determined by looking at all of his paperwork and the British law at the time he was born.

“The common sense approach is it is unusual for a government to register someone renouncing their citizenship if they never held it in the first place,” she said.

“You need to go to the British law to determine whether in fact 1. he was a citizen in the first place and 2. whether he fulfilled the legal requirements for section 44 (i) of the Constitution before he nominated.”

A Malcolm I. Roberts born in Disergarh, India, in 1955 appears on the General Register Office’s Register of British Nationals Born Overseas 1818-2005, which cites the British High Commission Birth Indices as its source.

The Greens, who have already lost two senators to dual citizenship bungles, will discuss whether to refer Senator Roberts’ election to the High Court at a party room meeting on Tuesday.

Victorian Senate crossbencher Derryn Hinch has also said he would refer Senator Roberts.

Senator Hanson accused the media of “targeting” One Nation and claimed other MPs, many of whom were born overseas and have not produced their renunciation documents, were not being scrutinised as intensely as Senator Roberts.

“We’re actually having to go beyond what all these other ones are asked to do — I’m asking the same of everyone else, present your documentation,” Senator Hanson said.

“I’d be very interested about (Labor frontbencher) Penny Wong, what’s happening about her?”

Senator Wong’s office said she renounced her Malaysian citizenship in 2001, prior to first nominating for election to the Senate.

Labor’s foreign affairs spokeswoman and Senate leader, Senator Wong has not released paperwork to prove the renunciation but her spokesman said the ALP worked closely with all candidates to ensure their nomination was sound and compliant with the Constitution.

Additional reporting: Rachel Baxendale