- Re Gallagher  HCA 17
- Collins v The Queen  HCA 18
- DWN027 v The Republic of Nauru  HCA 20
- EMP144 v The Republic of Nauru  HCA 21
Citizenship – section 44(i)
Section 44(i) of the Constitution provides that a person shall be incapable of being chosen as a Senator or Member of the House of Representatives if they are a ‘subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power’. In Re Canavan  HCA 45 the High Court accepted that the s 44(i) rule is subject to a qualification – a ‘constitutional imperative’ – that the ‘Australian citizen not be irremediably prevented by foreign law from participation in representative government’. The qualification applies where the person has taken all steps reasonably required by the foreign law to renounce their foreign citizenship.