Citizenship: Katy Gallagher was a dual citizen as MPs come clean

LABOR Senator Katy Gallagher could be referred to the High Court as two other MPs have denied they’re dual citizens without formal documents as proof.

Barnaby Joyce, newly re-elected member for the federal seat of New England. Picture: Lyndon Mechielsen/The Australian

LABOR MP Katy Gallagher could be the latest federal politician to be caught up in the citizenship fiasco after documents released today revealed she did not officially cease to be a British citizen until after the 2016 election.

Ms Gallagher only received confirmation from the British Home Office in August 2016 that her renunciation of British citizenship had been officially registered.

She had written to the British authorities in April 2016, enclosing payment and the renunciation document, but authorities took another five months to process the request.

Ms Gallagher has received legal advice from an expert in British nationality law, Adrian Berry, that she will not be ruled ineligible to sit in Parliament however as she took “all reasonable steps” to renounce her citizenship.

The documents also revealed the British Home Office accepted payment for her renunciation in May.

Ms Gallagher was a British citizen by descent through her father, who was born in the UK in 1939.

Ms Gallagher could also be an Irish dual citizen by descent from her paternal grandfather.

Labor Senator Katy Gallagher in the Senate chamber. Picture: AAP

Ms Gallaghr has posted a message on Facebook, saying she does not believe she should refer herself to the High Court.

OTHER SENATORS IN DOUBT

Liberal senator Zed Seselja has denied holding dual citizenship by descent but has not produced documents as proof.

There are questions over whether the ACT senator holds Croatian citizenship by descent given both of his parents were born in Yugoslavia in the 1940s.

“I examined the citizenship laws of both the now defunct Socialist Federal Republic of Yugoslavia and the Republic of Croatia,” he told News Corp Australia in a statement.

“Neither confers citizenship upon me. While there was no doubt of my citizenship, the President of Croatia, Her Excellency Ms Kolinda Grabar-Kitarovic, confirmed this during the official state visit to Australia in August when she advised Prime Minister Turnbull that I did not hold Croatian Citizenship.”

Senator Seselja did not produce documents to show the Croatian government’s confirmation.

Croatian citizenship law states that a child born to a Croatian mother and father abroad becomes a citizen by descent automatically.

He may not hold dual citizenship by descent, however, as Croatia declared independence from Yugoslavia in 1991, long after his birth in 1977.

Liberal Senator Zed Seselja at Parliament House in Canberra. Picture: AAP

There were also questions over Turnbull government minister Arthur Sinodinos’ citizenship status earlier this afternoon.

Senator Sinodinos has since provided further documents via social media confirming he is not a Greek citizen by descent.

The Senate motion requires documentary evidence only of those who have held citizenship of a foreign country. For completeness, I attach a letter from the Greek Government so as to confirm my status. pic.twitter.com/vlDYZTXibo

— Arthur Sinodinos AO (@A_Sinodinos) December 4, 2017

New NXT senator Rex Patrick was a New Zealand citizen by birth until October 16, 2017.

He renounced citizenship before he nominated to take up the casual vacancy created by the departure of Senator Nick Xenophon.

All 76 senators were required to declare details of their status by Friday last week as part of a bid to end the citizenship fiasco that has engulfed federal politics since July.

MORE DUAL CITIZENS TO BE REVEALED

All 150 lower house MPs will be forced to disclose their status tomorrow along with their spouse’s status, and details of their parents and grandparents’ birth places.

The deadline for disclosure has been moved back to 9am on Tuesday, rather than 8pm, in a bid to deal with outstanding citizenship issues as soon as possible.

MPs could be fined or face jail time if they make false disclosures on the register.

Parliament unanimously voted to implement the register this morning.

Government Minister Christopher Pyne said this morning it looked like at least three MPs will be referred to the High Court by the end of the week.

Labor MPs Susan Lamb and Justine Keay had a “serious cloud” over their status, he told ABC radio this morning.

Susan Lamb is one of the Labor MPs whose status is under a cloud. Picture Gary Ramage

There are also questions over Labor’s Josh Wilson and Glenn Sterle.

It comes after ousted dual citizen Barnaby Joyce was re-elected in a landslide at the New England by-election on Saturday.

Mr Joyce will be sworn in again this week.

Senators were forced to disclose their citizenship status in a separate register update last Friday.

“We settled on nine o’clock on Tuesday morning because we made a fair assumption that by now most people would have checked out their citizenship and the steps they may have taken to renounce the citizenship of another country by now,” Mr Pyne told the House this morning.

“And we want to give the Speaker and the clerks ample time to be able to get the information up onto the internet to enable people who are interested to examine the evidence is presented by members and then to give us ample time in the House of Representatives this week to refer any members to the High Court if that is in fact necessary.

“In the case of at least three members, the government believes it will be necessary.”

Originally published as Citizenship: Katy Gallagher was a dual citizen as MPs come clean