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05-09-2014 11:46 AM - edited 05-09-2014 11:50 AM
The strange and suspicious case of Tony Abbott’s citizenship
Why is the PM's chief of staff so desperate to prevent proof emerging about whether Tony Abbott is eligible to sit in Parliament? Sydney bureau chief Ross Jones reports.
You don’t want to be blocked by Mal Brough — look what happened to Peter Slipper.
It happened to Tony Magrathea when he posted a message to Brough telling him there was a serious cloud hanging over the legitimacy of his leader, Anthony John Abbott, to hold the highest public office in the land.
Magrathea is a Sunshine Coast-based blogger who doesn’t normally get involved in the political arena. He refers to himself as ‘The Ideas Man’ and his blog normally covers technology issues.
Born in England, Magrathea is about the same age as Abbott and, like Abbott, came to Australia as a £10 pom. Abbott arrived in 1960 aged three.
Before the last election, Abbott made a few comments that piqued Magrathea’s interest in Abbott’s progression from England to Australia, then back to England to Oxford, then back to Australia and a life in politics.
Magrathea noticed an odd thing: Abbott had been apparently granted Australian citizenship back in 1981 — as he was entitled to do, because while his father was British and he was born in London, his mother was Australian. This apparent change in status meant Abbott was now a dual British/Australian citizen.
1981 was the year Abbott ‘matriculated’ to Oxford, but he did so as a British citizen.
After Oxford, he returned to Australia and entered a seminary. The priesthood didn’t stick and, after managing a cement plant, and then some stints as a journalist, monarchist and apparatchik, he entered Parliament in 1994.
Section 44 of the Australian Constitution is clear when it says:
Dual nationality is considered an acknowledgement of allegiance and entitled to the privileges of citizenship of a foreign power disqualifies people from standing for parliament.
This is a provision strictly applied. In 1996, Jackie Kelly was forced to face a by-election after being found to have been elected holding both Australian and New Zealand citizenship. Employment Minister Senator Eric Abetz appears to have been elected to the Senate holding dual German and Australian citizenship before finally renouncing his citizenship after a High Court action has been commenced against him.
So Magrathea, in an idle moment, had a look around for the date Abbott renounced his British citizenship — but there was no apparent record.
He first turned to the National Archives of Australia who keep citizenship applications for everyone who applies to be an Australian citizen. These documents should record if Abbott had renounced his British citizenship at that time.
These are generally public documents available to all. However, in Abbott's case, the NAA decided to make the application file a secret document in February 2014.
Coming up blank there, he turned his attentions to the UK Border Office, part of the Home Office, which has a form called
‘Declaration of Renunciation of British Citizenship, British Overseas Citizenship, British Overseas Territories, British National (Overseas) Or British Subject Status’.
This declaration is otherwise known as Form RN and around 450 are completed each year.
In early May, Magrathea sent an FOI to the Home Office asking for Abbott’s RN.
They say they are still looking.
So, Magrathea put in an FOI to the Department of Prime Minister and Cabinet. Having half a brain, Magrathea waited until Abbott ‒ and, more importantly, his chief of staff Peta Credlin ‒ were in Washington in June.
Things, according to Magrathea, were going well and he’d made contact with a Department staffer who was willing to help in his quest. Apparently, on the day the public servant was to formally respond to Magrathea with the results of his search, Credlin came home and went straight to the office. She immediately kyboshed the request and told Magrathea,
Magrathea posted a note to his Federal MP Mal Brough’s Facebook page, pointing out that any doubt over the Prime Minister’s legal right to hold office should be settled before the upcoming G20 Summit.
Brough blocked him.
He posted the same thing to the Attorney-General Senator George Brandis. Nothing.
He posted to Opposition Leader Bill Shorten. No reply.
He wrote to the Federal Police regarding a possible crime against the Commonwealth. Nil. He wrote to Governor General Peter Cosgrove. Nada.
On 1 August, Magrathea’s email account was hacked and all his emails were deleted.
What started as an innocent enquiry has begun to morph into something quite serious — and perhaps sinister. Certainly suspicious.
Abbott can clear the whole thing up in the blink of an eye, of course — just show us the RN and it will all be over.
But he and his camp followers don’t seem to want to do that — or allow others to release this information. We can only wonder why.
If the British Home Office come back to Magrathea and say they are unable to find the RN, things may move up a notch.
Solved! Go to Solution.
Accepted Solutions
Was Abbott eligible to stand for office?
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on 05-09-2014 12:51 PM
...called on Mr Abbott, who was born in London to a British father, to produce his British citizenship renunciation form.
So why doesn't he (produce it)?
Was Abbott eligible to stand for office?
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on 05-09-2014 01:26 PM
This means that I can stand as the next PM then! As I am a dual citizen.....*wow!
What's good for the goose is good for the gander IMO................
Was Abbott eligible to stand for office?
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05-09-2014 01:31 PM - edited 05-09-2014 01:32 PM
If ABBOTT cannot produce the relevant form RN this means he has entered parliament 8 times as a dual national.
Once may be construed as a mistake, 8 times is a matter the police should investigate.
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on 05-09-2014 01:58 PM
maybe, as we discuss this highly suspicious issue..... 'they' are busy trying to 'produce' one ?
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on 05-09-2014 02:34 PM
@azureline** wrote:Semantics............. and distraction.
The same people asked about both leaders at the same time.
Gillard's info is on the record and Abbott's wasn't so some started digging deeper.
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on 05-09-2014 07:45 PM
Was Abbott eligible to stand for office?
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on 06-09-2014 07:19 PM
http://en.wikipedia.org/wiki/Section_44_of_the_Constitution_of_Australia
Section 44 of the Constitution of Australia
Section 44 of the Australian Constitution lists the grounds for disqualification on who may become a candidate for election to the Parliament of Australia. It states in particular:
44. Any person who -
(i.) Is under any acknowledgement 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 citizen of a foreign power: or (ii.) Is attainted of treason, or has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer: or (iii.) Is an undischarged bankrupt or insolvent: or (iv.) Holds any office of profit under the Crown, or any pension payable during the pleasure of the Crown out of any of the revenues of the Commonwealth: or (v.) Has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons:shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.
But sub-section iv. does not apply to the office of any of the Queen's Ministers of State for the Commonwealth, or of any of the Queen's Ministers for a State, or to the receipt of pay, half pay, or a pension, by any person as an officer or member of the Queen's navy or army, or to the receipt of pay as an officer or member of the naval or military forces of the Commonwealth by any person whose services are not wholly employed by the Commonwealth.
Subsection 44(i) has generally been interpreted as meaning that persons with dual citizenship are not permitted to stand for election.[1]
http://en.wikipedia.org/wiki/Sue_v_Hill
...The High Court found that, at least for the purposes of section 44(i), the United Kingdom is a foreign power to Australia.
http://www.austlii.edu.au/au/journals/DeakinLawRw/1999/8.pdf
The United Kingdom Is a Foreign Power....(and why deemed so) by James McConvill
"At the very latest, the Commonwealth of Australia was transformed into a sovereign, independent nation with the enactment of the Australian Acts. The consequence of that transformation is that the United Kingdom is now a foreign power for the purposes of s 44(i) of the Constitution"
Was Abbott eligible to stand for office?
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on 05-09-2014 11:55 AM
is that like the obama citizenship
conspiracy theory ?
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05-09-2014 11:55 AM - edited 05-09-2014 11:57 AM
Very little would surprise me about the "no surprises" abbott.
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on 05-09-2014 12:02 PM
Hmmmmm. I do not think this is a conspiracy....I think it is typical of the attitude that rules are for the peasants and can be broken for 'the Chosen One's' .....imo.
If true....I hope there is a High Court action taken.
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on 05-09-2014 12:12 PM
Was Abbott eligible to stand for office?
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05-09-2014 12:13 PM - edited 05-09-2014 12:15 PM
Australians holding dual nationality cannot hold Federal public office. Has Tony Abbott ever formally renounced is UK citizenship?
Hmm why won't anyone provide a copy of the RN certificate that the PM would have completed to renounce his original British citizenship?
As for 'bottom of the barrel' comments, Abbott lowered the bar/standards when he was Opposition Leader.
Abbotts birth certificate isn't being queried.
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on 05-09-2014 12:16 PM
Was Abbott eligible to stand for office?
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on 05-09-2014 12:33 PM
i have read articles in the past that he does hold dual citizenships, I never thought any more about it at the time but.... interesting paints
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on 05-09-2014 12:40 PM
Now, what this would have meant for me (I was told) is that I would never be able to re-enter the UK ... EVER. As both my parents lived there at the time, this was obviously something I really couldn't do.
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05-09-2014 12:44 PM - edited 05-09-2014 12:45 PM
I remember discussing this before katy.. the re-entering UK bit.. Do you think that rule has changed since then?
A dual citizen who renounced their British citizenship wouldn't be able to live in the UK anymore.
Julia G was British born and renounced her British passport, but she was allowed to entry to the UK.

