Former prime minister Malcolm Turnbull is contacting his former Liberal colleagues in the parliament and urging them to vote for Home Affairs minister Peter Dutton to be referred to the High Court.
Mr Turnbull confirmed he was lobbying colleagues, including prime minister Scott Morrison, after reports surfaced in the media.
"The point I have made to Scott Morrison and other colleagues is that given the uncertainty around Peter Dutton’s eligibility, acknowledged by the Solicitor General, he should be referred to the High Court, as Barnaby was, to clarify the matter," Mr Turnbull wrote on Twitter from New York.
The tweet is Mr Turnbull's first major intervention in Australian politics since he was rolled as prime minister and will prompt more questions about the factional divide within the Coalition.
Asked about his predecessor's comments on Thursday morning, Mr Morrison confirmed they had spoken "last week" but said he would not support a referral.
"Someone once told me in this job, all contributions should be gratefully received. They are," Mr Morrison said.
"But as the prime minister, I'll obviously make the decisions in relation to our government on what I believe is in the national interest, based on the most recent and most timely information that I have available to me."
He said he respected contributions from "previous leaders" and all his colleagues.
He pointed out a Labor motion to refer Mr Dutton had already been defeated on the floor of the House of Representatives.
"I think people have had enough of the lawyers' picnics on these sort of issues and they want us to focus completely and totally on what the nation needs, here and now," he said.
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