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Friday decision for citizenship seven

The fate of seven federal members of parliament will be known on Friday when the High Court hands down its decision on their citizenship.

Deputy Prime Minister Barnaby Joyce
The High Court will hand down its decision on seven MP's citizenship status on Friday afternoon. (AAP)

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Source: AAP


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Malcolm Turnbull will know on Friday whether he needs to pull the trigger on a by-election for Deputy Prime Minister Barnaby Joyce.

The High Court will deliver its decision on the fate of Mr Joyce and six other former and current federal parliamentarians on Friday in Canberra at 2.15pm (AEDT).

Mr Joyce, cabinet colleague Fiona Nash, former minister Matt Canavan, former Greens senators Larissa Waters and Scott Ludlam, One Nation senator Malcolm Roberts and crossbencher Nick Xenophon were referred to the court over their dual citizenship.

Australia's constitution bans anyone holding dual citizenship from sitting in parliament, in a section aimed at ensuring MPs do not hold split allegiances.

The Nationals leader is widely expected to win a by-election in his regional NSW seat of New England but it will be a concern for the government, which has held on to power by one seat since the 2016 election.

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Tony Windsor, a former opponent of Mr Joyce and a party to the court case, is weighing up whether to contest the seat he held from 2001 to 2013.

The government told the court the phrase "is a subject or citizen ... of a foreign power" should be seen to refer only to a person who has voluntarily obtained, or retained, that status.

Solicitor-General Stephen Donaghue argued it was reasonable that where a person had no knowledge they ever were a foreign citizen, they should not need to take any steps to renounce their citizenship.

Greens senators Larissa Waters and Scott Ludlam have already resigned from parliament over their dual citizenship by birth in Canada and New Zealand, respectively.

India-born One Nation senator Malcolm Roberts is expected to lose his position after being found by the High Court in September of not having properly renounced his UK citizenship by descent - through his Welsh father - at the time of his 2016 election nomination.

Mr Joyce and senators Canavan, Nash and Xenophon were born in Australia but were made citizens by descent.

Senator Xenophon, who found himself to have British citizenship by descent, will leave parliament whatever happens to contest the South Australian state election in March 2018.

Legal experts have suggested six of the seven will be disqualified but Senator Xenophon's slightly different situation will mean he retains his seat.


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