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You can find the current article at its original source at https://www.theguardian.com/australia-news/live/2017/oct/10/citizenship-case-high-court-considers-mps-eligibility-live
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| Version 2 | Version 3 |
|---|---|
| Citizenship case: high court considers MPs' eligibility – live | Citizenship case: high court considers MPs' eligibility – live |
| (35 minutes later) | |
| 1.48am BST | |
| 01:48 | |
| Donaghue says that looking at the history of section 44, it was focussed on “voluntarily acquisition” of foreign citizenship. | |
| “It is relevant to keep in mind the target [of the provision] as it was framed and operated”. | |
| Updated | |
| at 1.53am BST | |
| 1.38am BST | |
| 01:38 | |
| Going back 30 years before the constitution commenced, Donaghue says the law made distinctions between those who actively applied/obtained foreign citizenship and those who did not. | |
| He says if you were naturalised and became a British subject, you became entitled to the rights and privileges of a citizen, which is the language used in section 44. He argues that it took being actively naturalised to get those rights – they weren’t automatically applied through citizenship. | |
| Updated | |
| at 1.39am BST | |
| 1.33am BST | |
| 01:33 | |
| The solicitor general has just taken us through a thrilling history of section 44. I don’t want you to get too excited so I’ll save you the nitty-gritty (it is still early, after all) but basically Donaghue was arguing the section was not created for the situation we find ourselves in today. | |
| That comes back to the core of the government’s argument – that if you don’t actively seek out foreign citizenship or do anything active to retain it, and don’t have reasonable suspicions you could be a foreign citizen, then you can’t be in breach of section 44. | |
| Updated | |
| at 1.38am BST | |
| 1.23am BST | |
| 01:23 | |
| Donaghue brings up that the British parliament allows dual citizens – as long as they were natural born subjects. | |
| “The target is not being a dual citizen, it is actively seeking out foreign citizenship” which was identified as being inconsistent with sitting in parliament, he argues. | |
| Updated | |
| at 1.26am BST | |
| 1.16am BST | 1.16am BST |
| 01:16 | 01:16 |
| Donaghue is now summarising citizenship laws – for both Australia and some of the foreign powers in question. | Donaghue is now summarising citizenship laws – for both Australia and some of the foreign powers in question. |
| We’re currently in 18th century British law. | We’re currently in 18th century British law. |
| Updated | Updated |
| at 1.19am BST | at 1.19am BST |
| 1.09am BST | 1.09am BST |
| 01:09 | 01:09 |
| Just for context, the overflow court is one of the high court hearing rooms – but we are all looking at a split screen broadcast of the proceedings. | Just for context, the overflow court is one of the high court hearing rooms – but we are all looking at a split screen broadcast of the proceedings. |
| We are not allowed to take devices into the room where the case is being held, so in order to transmit was is happening, we have to sit down the hall. | We are not allowed to take devices into the room where the case is being held, so in order to transmit was is happening, we have to sit down the hall. |
| Updated | Updated |
| at 1.10am BST | at 1.10am BST |
| 1.06am BST | 1.06am BST |
| 01:06 | 01:06 |
| The court has just brought up the fact that “natural-born Australians” are usually “on notice” of potential foreign citizenship, given the nation’s history. | The court has just brought up the fact that “natural-born Australians” are usually “on notice” of potential foreign citizenship, given the nation’s history. |
| But Donaghue said in the government’s submission, if someone is not aware, or couldn’t be aware, then they shouldn’t be disqualified. | But Donaghue said in the government’s submission, if someone is not aware, or couldn’t be aware, then they shouldn’t be disqualified. |
| This is going to be one of the main points we see argued. Given the multicultural nature of Australia, and that a lot of people are aware of potential citizenship conflicts, and renounce before they enter parliament, is it reasonable that these MPs did not check before nominating? | This is going to be one of the main points we see argued. Given the multicultural nature of Australia, and that a lot of people are aware of potential citizenship conflicts, and renounce before they enter parliament, is it reasonable that these MPs did not check before nominating? |
| Updated | Updated |
| at 1.09am BST | at 1.09am BST |
| 1.02am BST | 1.02am BST |
| 01:02 | 01:02 |
| And we have got to the crux of the government’s case – it says section 44 should be read as “voluntarily obtaining or retaining” foreign citizenship. | And we have got to the crux of the government’s case – it says section 44 should be read as “voluntarily obtaining or retaining” foreign citizenship. |
| The chief justice, Susan Kiefel, is questioning Donaghue over “the subjective component over what would be a positive step” towards obtaining/retaining a foreign citizen. | The chief justice, Susan Kiefel, is questioning Donaghue over “the subjective component over what would be a positive step” towards obtaining/retaining a foreign citizen. |
| Donaghue says if someone became a citizen because someone filled out paperwork for them and lodged it without their knowledge, that would not be a positive step, or voluntarily becoming a citizen, despite the laws of the foreign power, at least under the test the government is arguing. | Donaghue says if someone became a citizen because someone filled out paperwork for them and lodged it without their knowledge, that would not be a positive step, or voluntarily becoming a citizen, despite the laws of the foreign power, at least under the test the government is arguing. |
| “Knowledge of a sufficiently high prospect” that they could have foreign citizenship is another crucial aspect of the government’s case. | “Knowledge of a sufficiently high prospect” that they could have foreign citizenship is another crucial aspect of the government’s case. |
| Donaghue is arguing that if there was that knowledge “and they shut their eyes to it”, then they should be found in breach – that’s the government’s argument for why Scott Ludlam and Malcolm Roberts should be found in breach. | Donaghue is arguing that if there was that knowledge “and they shut their eyes to it”, then they should be found in breach – that’s the government’s argument for why Scott Ludlam and Malcolm Roberts should be found in breach. |
| But it argues the others didn’t have the knowledge of “a sufficiently high prospect” and, therefore, couldn’t have known they were in conflict with section 44. | But it argues the others didn’t have the knowledge of “a sufficiently high prospect” and, therefore, couldn’t have known they were in conflict with section 44. |
| Updated | Updated |
| at 1.10am BST | at 1.10am BST |
| 12.52am BST | 12.52am BST |
| 00:52 | 00:52 |
| Slight interruption as we are all booted from the overflow court (where we are allowed devices) because it is suddenly needed “for another purpose” and sent to a second overflow court. Just another quirk of the high court. | Slight interruption as we are all booted from the overflow court (where we are allowed devices) because it is suddenly needed “for another purpose” and sent to a second overflow court. Just another quirk of the high court. |
| But it seems like the court has moved on to clarifying whether the government believes there are any “non-literal” meanings of Australian citizen and section 44. | But it seems like the court has moved on to clarifying whether the government believes there are any “non-literal” meanings of Australian citizen and section 44. |
| Updated | Updated |
| at 12.58am BST | at 12.58am BST |
| 12.46am BST | 12.46am BST |
| 00:46 | 00:46 |
| Fiona Nash’s case is now being outlined. She was born in Sydney, but her father was born in Scotland. They were estranged and she didn’t know the exact date of her father’s birth, or details about her grandparents. | Fiona Nash’s case is now being outlined. She was born in Sydney, but her father was born in Scotland. They were estranged and she didn’t know the exact date of her father’s birth, or details about her grandparents. |
| Donaghue believes that is an important point, given that family background is important when it comes to citizenship. Nash did not know, he argues, that you could receive citizenship by descent from Scotland. | Donaghue believes that is an important point, given that family background is important when it comes to citizenship. Nash did not know, he argues, that you could receive citizenship by descent from Scotland. |
| The last of the five the government claims should not be found in breach is Nick Xenophon. | The last of the five the government claims should not be found in breach is Nick Xenophon. |
| Xenophon has announced he intends to resign no matter what the high court decides – he has his eye on the South Australian state parliament. | Xenophon has announced he intends to resign no matter what the high court decides – he has his eye on the South Australian state parliament. |
| But he does believe he can win this, and so does Donaghue. Xenophon made moves to renounce any Greek or Cypriot citizenship before he entered the Senate but, as Donaghue argues, recently learnt he was a British overseas citizen because Cyprus was a UK territory until 1960. | But he does believe he can win this, and so does Donaghue. Xenophon made moves to renounce any Greek or Cypriot citizenship before he entered the Senate but, as Donaghue argues, recently learnt he was a British overseas citizen because Cyprus was a UK territory until 1960. |
| “At no time prior to the elections did it even cross his mind he might have British citizenship,” Donaghue says. | “At no time prior to the elections did it even cross his mind he might have British citizenship,” Donaghue says. |
| But he does – because his father left Cyprus before the date of independence. “So, the relevant facts … are shown to depend not just on when the father is born … but related to the political fact” of when a country becomes independent. | But he does – because his father left Cyprus before the date of independence. “So, the relevant facts … are shown to depend not just on when the father is born … but related to the political fact” of when a country becomes independent. |
| Updated | Updated |
| at 1.16am BST | at 1.16am BST |