Doubts have been raised as to whether the Senate will support a referral of independent Derryn Hinch to the High Court over his eligibility.
Senator Hinch, who holds a US social security card from his time living in New York in the 1960s and 1970s, could face problems under section 44 of the constitution which disqualifies from parliament anyone who is "entitled to the rights or privileges of a subject or a citizen of a foreign power".
He told reporters in Cairns that he would ask the Senate next week to refer him to the court, but had received advice he should be in the clear.
"I'll have to refer this to the High Court because if I'm clear and I don't they will say 'Everybody else did, so what have you got to hide?'," Senator Hinch said on Thursday.
"So even if it wastes the High Court's time, that's where it will end up."
However, it is understood Attorney-General George Brandis may not support the referral.
Senator Brandis is awaiting a letter from Senator Hinch before considering seeking the advice of the solicitor-general.
If the advice is sought and provided, the attorney will then consider it ahead of parliament resuming next week.
Two other senators, Fiona Nash and Nick Xenophon, will be referred by the Senate to the court on Monday.
They will join Deputy Prime Minister Barnaby Joyce, Matt Canavan, Malcolm Roberts and former Greens senators Larissa Waters and Scott Ludlam, whose eligibility will be assessed in October.
Senator Hinch said he had spoken to constitutional lawyers overnight and they advised him he was "in good shape" in terms of the case.
"In the end it will have to go to the High Court and I will become person number eight."
Senator Hinch does not believe he is entitled to the rights and privileges of the US, even though he paid a special social security tax for 10 years on top of regular income tax which entitled him to a pension.
"I am not a citizen, I can't vote there, I can't work there."
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