Labor’s Katy Gallagher has become the tenth politician to be kicked out of federal parliament for holding dual citizenship at the time she was elected, after the High Court ruled the ACT senator breached Section 44 of the Constitution.
The decision is widely expected to set a new precedent for several more Labor politicians who submitted their renunciation paperwork close to the election and may have just missed the deadline.
Chief Justice Susan Kiefel said the British renunciation process was "simple" and concluded Senator Gallagher did not take sufficient steps to rid herself of dual citizenship before her nomination.
"The questions in this reference turn upon one issue: whether British law operated to irremediably prevent an Australian citizen applying for renunciation of his or her British citizenship from ever achieving it," she wrote in her judgement.
"An affirmative answer cannot be given merely because a decision might not be provided in time for a person's nomination."
Following the decision, Ms Gallagher said she "deeply disappointed" by the decision but maintained she followed legal advice.
"I have always acted on the best available legal advice, which at all times, indicated that I satisfied the eligibility requirements under the Constitution. However, today the High Court has made its decision, and I respect the outcome," she said in a statement.
She also apologised to ACT voters for the outcome, while indicating her political future may not be over
"To have my place in the Senate end like this today is very deeply disappointing but I believe that I have more to contribute to public life and I will take the time to talk with Labor Party members on how I can do this over the months ahead."
Opposition Leader leader Bill Shorten said Labor the High Court had set a new precedent with the decision.
"The Labor Party will now consider what further implications today’s decision by the High Court may have," he said in a statement.
The decision will trigger a special recount in the ACT Senate seat. Senator Gallagher’s replacement is likely to be David Smith, Labor’s number two on the ballot paper.
