The federal Labor Party is considering making further submissions to the High Court next week when it meets to consider declaring Kenyan-born lawyer and Family First candidate Lucy Gichuhi South Australia's newest senator.
Ms Gichuhi is set to fill the vacancy created after former Family First senator Bob Day was ruled ineligible by the court last week.
Having become an Australian citizen in 2001, Ms Gichuhi believes she is eligible to take up the position.
But the ALP says after taking legal advice from senior counsel, it is considering making further submissions when the Court of Disputed Returns considers the matter on Wednesday.
"The election of a senator is an important constitutional matter," a spokesperson for acting shadow attorney-general Katy Gallagher told AAP.
"It is incredibly important that the validity of each senator's election is beyond question.
"This is not about Ms Gichuhi, this is about the integrity of the Senate and the electoral system."
Ms Gichuhi said she was grateful and honoured for the chance to serve in parliament.
"I see it as an opportunity to give back to this great nation," she said after a recount of votes by the Australian Electoral Commission on Thursday.
She said she was "deeply respectful" of the legal and electoral process but insisted she could take up the Senate seat.
"I am an Australian citizen and am eligible to serve," she said.
The mother of three became an Australian citizen after migrating from Kenya in 1999.
But some questions remain over whether she has adequately renounced her Kenyan citizenship to properly comply with electoral laws.
If her election is confirmed, it's expected Ms Gichuhi will be sworn in when parliament resumes for the budget session on May 9.
