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High Court rules on dual citizenship

British laws did not pose an irremediable impediment to Katy Gallagher renouncing her British links before nominating for parliament, the High Court has ruled.

WHY HAS LABOR SENATOR KATY GALLAGHER BEEN BOOTED FROM PARLIAMENT?

* The full bench of the High Court unanimously agreed that Katy Gallagher was a citizen of a foreign power when she nominated for election to parliament in May 2016, and therefore incapable of being chosen.

* British law did not impose an "irremediable impediment" to Gallagher renouncing her foreign ties before nominating.

* The procedure to renounce British citizenship was simple and the requirements not onerous.

* The issue for Gallagher was only ever to be the timing of her registration to sever her British links.

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* Gallagher began her renunciation process a month before nominating to run for the Senate, but the registration was not complete until two weeks after she was elected.

* It was not enough for Gallagher to merely have taken steps to renounce her foreign citizenship, or foreign laws simply posing an obstacle.

* Gallagher needed to have actually divested herself of her British links before being chosen for parliament.


1 min read

Published

Source: AAP



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