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S44 Disqualifications (DQ for dual citizens (44(i) (Question of…
S44 Disqualifications
DQ for dual citizens (44(i)
Question of allegiance
Sykes v Cleary (1992) HCA
whether individual is citizen of foreign power is determined by domestic law of the foreign nation
Australian dual citizens not disqualified if they have taken reasonable steps to renounce foreign citizenship
Sue v Hill (1999)
Expanded 'foreign power' to UK and other cth nations
Broadened the scope of 44(i)
1948-1949
Australia developed own citizenship laws
Australians are 'citizens' rather than subjects of the queen
Why all the challenges?
Because allegiance is determined by the law of the foreign country - sykes
Each country has different citizenship trends - some easily allow for dual citizenship
possible reform?
Current challenges
5 parliamentarians (possibly 7)
Court will determine
Are they citizens of the foreign power?
On what grounds can they be disqualified for having dual citizenship