Tony still a Pom? All he needs to do is show a piece of paper to clear it up.

[Gough]

Has he renounced his British citizenship? If hasn't is, is he breach s 44 (i) of the constitution?
http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/s44.html

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 44
Disqualification
Any person who:

(i) is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power;

Law talking types?

 

[Hank Scorpion]

Not long ago, I read about a One Nation senator, Heather Hill, who was forced to give up her seat upon her election for this reason. Quick read of Wikipedia on this case, suggested that dual citizenship invalidates election to the Australian parliament.

So if the interpretation in both cases is the same, then yes, Abbott would be in breach IF he holds British citizenship.

Based on the fact that this would have been picked up on if there was a breach, I would suspect he has renounced his British citizenship.

(I'm not a lawyer, If I've made any errors, please correct me.)

 

[Gough]

I'm sure a simple FOI request would sort this out, but a cursory Google search shows no evidence. Gillard's on record as renouncing her's on entry to Parliament in 1998, no such information seems to exist for Abbott which seems a little odd.

 

[noddy]

Couldn't imagine that even someone like Abbott would not have renounced his UK citizenship before entering parliament.

 

[Ice-Wolf]

Couldn't imagine that even someone like Abbott would not have renounced his UK citizenship before entering parliament.

He probably renounced it when he gamed the system to get his Rhodes Scholarship.

 

[Bosun]

Couldn't imagine that even someone like Abbott would not have renounced his UK citizenship before entering parliament.

Hey hey hey Noddster, I used my citizenship/birthplace to get out of parliament. And in a hypothetical world, Jimmy Anderson would be running DFAT.......

 

[clogged]

Tony Abbott was born in Kenya.

 

[Todman]

Has he renounced his British citizenship? If hasn't is, is he breach s 44 (i) of the constitution?
http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/s44.html

Law talking types?

A bit desperate for you Gough?

IIRC Tony could ,because of his father, apply for a EU passport if he wanted to although it would disqualify him from parliament.

When he was born, he was like the rest of us Australian born, a british subject. Hell everybody in the British Empire were british subjects. I think Gough changed the Act, in response to Britain joining the common market.

 

[Gough]

A bit desperate for you Gough?

IIRC Tony could ,because of his father, apply for a EU passport if he wanted to although it would disqualify him from parliament.

When he was born, he was like the rest of us Australian born, a british subject. Hell everybody in the British Empire were british subjects. I think Gough changed the Act, in response to Britain joining the common market.

He was born in England and somewhat ironically he arrived here by boat.

 

[tandino]

A bit desperate for you Gough?

IIRC Tony could ,because of his father, apply for a EU passport if he wanted to although it would disqualify him from parliament.

When he was born, he was like the rest of us Australian born, a british subject. Hell everybody in the British Empire were british subjects. I think Gough changed the Act, in response to Britain joining the common market.

There's no such Act, the stipulation is in the Constitution, it's been there since 1901. The High Court were compelled to interpret Section 44 in the 1990's. They didn't pin down a specific time when Australia gained independence from the United Kingdom and as such when the UK became a foreign power, but at the very latest it has been since the Australia Act in the 80's. He has the right to a EU (UK) Passport in his own right.

This question came up in the last Parliament in relation to a few other people. Party types at the time suggested it's almost an impossibility for someone to slip through the process without renouncing any and all citizenships to foreign powers.

 

[tandino]

I wonder how the High Court would look upon those dual nationals who are ignorant of the fact that they hold allegiance to a foreign power.

 

[Ripper]

I reckon Clive has more to worry about than Abbott (born in London, England, to an Australian mother and English-born father who returned to Sydney in 1960.)

Not so much in the name of God as much as in the name of the ruling political party of the People’s Republic of China.
Palmer appears to have acknowledged allegiance to a foreign power and thereby acted to disqualify himself as a member of parliament.
The acknowledgement is twofold. First, he has a contract with Citic Pacific, a corporation wholly under the control of a foreign power. Second, he has apparently accepted management of monies on behalf of that foreign power and used part of those monies to provide election funding for his election to the House of Representatives and for the election of members of the Palmer United Party to the Parliament.

 

[noddy]

He was born in England and somewhat ironically he arrived here by boat.

Ah so he was a two & from then which in other words is a economic refugee.

 

[Gus Poyet]

He was born in England and somewhat ironically he arrived here by boat.

Did he have a passport?

 

[mottrain]

Ah so he was a two & from then which in other words is a economic refugee.

No nice try.

 

[Dont be a lemon]

I'm sure he's renounced it but I have no doubt he privately feels British. He lived there as a kid and adult and his dad is British. And his eternal love of the monarchy.

 

[tandino]

I'm sure he's renounced it but I have no doubt he privately feels British. He lived there as a kid and adult and his dad is British.

Nationality and culture is a very complicated matter. Some people never come to terms with who they are.

 

[clogged]

Well, I believe he's a lizard. Anything in the constitution about that?

 

[Ice-Wolf]

Well, I believe he's a lizard. Anything in the constitution about that?

Yep he beats Spock.

 

[Gough]

Well, I believe he's a lizard. Anything in the constitution about that?

David Icke board.

 

[Maggie5]

I wonder how the High Court would look upon those dual nationals who are ignorant of the fact that they hold allegiance to a foreign power.

It is interesting isn't it. It seems that Eric Abetz was questioned regarding this: http://en.wikipedia.org/wiki/Eric_Abetz

Eligibility to hold Senate office
On 30 July 2010, a Tasmanian resident, John Hawkins, lodged an objection to Eric Abetz's nomination for reelection alleging that Abetz holds dual citizenship of both his birthplace, Germany, and Australia.[14] The Australian Constitution prevents someone who is a citizen of a foreign country from holding Parliamentary office. Hawkins subsequently withdrew the petition to the High Court of Australia after receiving documentation of Abetz's renunciation of his German citizenship on the 9 March 2010. As a result John Hawkins withdrew as a hearing regarding Abetz and his citizenship could only be heard before the Court when a claim is lodged within a thirty day window after the 2010 election and for that election alone. Tasmanian Times published a series of articles in the lead up to this matter to include a transcript of the High Court Hearing and the Decision. The High Court never heard the claim.
Interesting as he was a Minister in the Howard Gov. in 1996.

 

[Maggie5]

I reckon Clive has more to worry about than Abbott (born in London, England, to an Australian mother and English-born father who returned to Sydney in 1960.)

It may be different for him as he has an Australian mother? Not sure, just a question?

 

[tandino]

It may be different for him as he has an Australian mother? Not sure, just a question?

It would make a difference if he had been born outside the UK before 1983. If he was born in the UK he would be a British citizen at birth and would have had to relinquish his citizenship at some point between then and now.

Edit: Palmer was born in Melbourne anyway.

 

[blackcat]

was born in kenya.

cant you tell by the pallor of his dermis?

 

[blackcat]

It would make a difference if he had been born outside the UK before 1983. If he was born in the UK he would be a British citizen at birth and would have had to relinquish his citizenship at some point between then and now.

Edit: Palmer was born in Melbourne anyway.

so he is CIA then.