Politics

It Looks Like Malcolm Roberts Is Probably Toast Re: Dual Citizenship

The dual citizenship saga is heating up.

by Sam Langford  22 September 2017
Malcolm Roberts

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Well, the High Court has handed down its first judgement in the dual citizenship saga, and it looks like One Nation’s Malcolm Roberts is probably toast.

In today’s judgement, the High Court found that Roberts was a citizen of the UK at the time of his nomination to Parliament. The Court also found that Roberts didn’t go far enough to renounce his citizenship.

Section 44 of the Australian Constitution says that dual citizens are ineligible to be elected to Parliament.

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The full judgement, which you can read here, contains some pretty spicy Roberts roasts. For example, in response to Roberts’ repeated claims that he “believes” himself to be an Australian citizen, the Court had this to say:

“Senator Roberts equates feelings of Australian self-identification with citizenship, and so confuses notions of how a person sees oneself with an understanding of how one’s national community sees an individual who claims to be legally entitled to be accepted as a member of that community.”

“The extent to which Senator Roberts’ subjective beliefs and objective reality diverge became apparent when Senator Roberts, pressed by Mr Lloyd SC as to whether ‘believing that you are an Australian citizen by reason of what is said amongst family members is actually the test for Australian citizenship’, answered: ‘Knowing my father I certainly do.'”

The High Court will now hear Roberts’ case, along with several others MPs’ cases, in October to make the final call on whether he’s eligible to remain in Parliament. Based on this judgement it’s looking pretty likely that he’s cooked.

Oh, and cheers to the High Court for releasing the verdict after 5pm on a Friday.