Citizenship case: How the court ruled

The High Court has handed down a unanimous decision on the citizenship cases of seven former and current federal parliamentarians.

WHAT THE HIGH COURT RULED ON THE MPs CITIZENSHIP CASE:

* Deputy Prime Minister Barnaby Joyce; deputy Nationals leader Senator Fiona Nash; former Greens senators Scott Ludlam and Larissa Waters; and One Nation senator Malcolm Roberts were "a subject or a citizen ... of a foreign power" at the time of their nomination for the 2016 federal election.

* Each was therefore incapable of being chosen or of sitting as a senator or a member of the House of Representatives by reason of section 44(i) of the constitution.

* Nationals senator Matthew Canavan, who stood down from cabinet, and independent Nick Xenophon were not disqualified from nomination for the election.

* Confirmed the ordinary textual meaning of s44(i) that an Australian citizen is not be prevented from standing for parliament where it can be demonstrated that he or she took all steps reasonably required by foreign law to renounce his or her citizenship of a foreign power.

* Rejected the commonwealth argument that s44(i) was subject to an implied mental element in relation to the acquisition or retention of foreign citizenship.

* There should be a by-election for the NSW seat of New England.

* The vacant Senate seats will be filled by a special count of ballot papers from the 2016 election.


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Source: AAP



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