SOUTH Australian political heavyweight Senator Nick Xenophon has described the dual-citizenship scandal as a “festering farce”, after confirmation last night he is a British citizen.

The South Australian political heavyweight’s future hangs on a High Court ruling after he discovered last night he is a dual Australian-British citizen by descent, as a result of his father emigrating to Australia from a British territory.

Senator Xenophon, the son of a Cyprian father and Greek mother, will not resign from parliament, and says he will continue to vote in the Senate, calling his case “a rare peculiarity”.

“The legal advice I have had is that I should just keep calm and carry on and wait for the High Court to determine this,” he told the Nine network on Sunday. He said the citizenship issue that brought up the eligibility of seven MPs and senators has become a mess.

“It’s interesting that my political opponents would have spent many hours and days digging this up and doing the research,” he said.

“I think no wonder so many Australians hate so many politicians because they are too busy trying to knock each other off than fixing the nation’s problems.” It comes after Deputy Nationals Leader Fiona Nash revealed on Friday she was a UK citizen by descent. She’ was the third member of Malcolm Turnbull’s cabinet to be affected.

The parliament has already referred National senator Matt Canavan, Greens senators Larissa Waters and Scott Ludlam and One Nation Senator Malcolm Roberts, as well as Deputy Prime Minister and Nationals Leader Barnaby Joyce to the court The High Court will undertake the first hearing on Thursday but it could be months before it makes a decision.

Mr Joyce’s situation puts the Government’s majority of one seat in the House of Representatives at risk should there be an adverse ruling by the High Court.

Senator Xenophon said Mr Joyce’s decision not to stand down is causing disruption on the floor of the House of Representatives.

“It would probably be simpler for the Government if the ministers stood aside but it’s really a political issue, not a legal issue,” he later told Sky News.

“That is what has fuelled the political fire here, the fact that one National minister (Senator Canavan) stepped aside, the others didn’t.”

Senior National MP Darren Chester conceded it had been a “rotten few weeks”. “We need to be better at our vetting process when people nominate to be a candidate,” he told the Nine network.

The Federal Transport Minister agreed with Senator Xenophon’s thoughts about Labor staffers or others beavering behind the scenes to try and uncover things about him, saying it reflected poorly on the opposition.

“Rather than indulge in the dark arts and shifty behind the scenes, Bill Shorten and his crew need to be up front.”

Blimey Xenophon confirms he is a Pom

Last night, on learning he was a British citizen, Mr Xenophon said he would refer himself to the High Court, sitting as the Court of Disputed Returns, when parliament resumes in two weeks time and says he will continue to vote in the Senate.

“When the parliament resumes in a little over a fortnight I will seek the support of the Senate to refer myself to the High Court sitting as the Court of Disputed Returns,” he said.

“I have sought legal advice from an authoritative constitutional law barrister, and it is appropriate that I keep working hard for South Australians in the Senate until the case is determined later this year.”

The issue facing the senator is that his father, Theo Xenophou, travelled to Australia on British Colonial travel documents in 1951.

Cyprus became independent to the United Kingdom on 16 August 1960 and every Cypriot lost their colonial UK citizenship status.

However, because Mr Xenophou was at the time living in Australia (one of nine countries declared under the then British Nationality Act) he and his children retained dual British citizenship.

Senator Xenophon’s father Theo declined to comment yesterday but his son said: “The great irony here is that my father left Cyprus in order to escape British Colonial rule.”

He said the Home Office had told him the whole scenario is a “rare peculiarity”.

“It seems that being born in Australia, according to 1948 UK legislation, makes me a colonial Pom.

“It is something that has stunned me and my 86 year old father.”

The revelation caps off a tough week for the senator whose SA Best Party is set to play a major role in the upcoming State Election.

On Thursday, his fledgling SA Best party was rocked by the snap resignation of its only sitting member of Parliament, just seven months from the state election.

Yesterday he woke to reports Nick Xenophon Team member, and Federal member for Mayo, Rebekha Sharkie will no longer support the government on the matters of confidence and supply because Malcolm Turnbull had not kicked Deputy Prime Minister Barnaby Joyce and Regional Development Minister Fiona Nash out of Cabinet.

Senator Xenophon yesterday downplayed the comments.

“She has said in her view because a precedent was set with Senator (Matt) Canavan stepping down from the ministry she though it preferable that Barnaby Joyce step down from the Ministry but she has made it clear that confidence and supply for the government is not an issue,” he said.

Ms Sharkie did not return the Sunday Mail’s calls yesterday.

Senator Xenophon, who described his citizenship category as a “colonial relic” that needed to be addressed by the Australian Parliament, found an unlikely ally in SA Treasurer Tom Koutsantonis.

“I have a lot of sympathy for Nick because I think he wasn’t expecting to be a British citizen,” Mr Koutsantonis said.

“He did everything he could to renounce any entitlement he had to Cypriot or Greek citizenship.

“I’m not even sure he knew he was entitled to this but the High Court will sort all this out.”

But South Australian Greens Senator Sarah Hanson took to Twitter suggesting she had less sympathy for Senator Xenophon’s predicament.

“Our Greens Senators did the right thing by standing down after discovering they were dual citizens. It’s the law,” she said.

Australian Conservatives South Australian Senator Cory Bernardi said there was “a huge cloud hanging over Parliament” that needs to be resolved.

“I just don’t see any option but for the Parliament to be prorogued (terminate the session of Parliament) until the results of the High Court challenges are resolved,” Senator Bernardi said.

Senator Xenophon suggested Labor had been working behind the scenes to flush out the citizenship issue.

The High Court will determine whether Deputy Nationals leader Fiona Nash, Nationals MP Barnaby Joyce, senator Matt Canavan, One Nation senator Malcolm Roberts, and former Greens senators Scott Ludlam and Larissa Waters, who have already resigned, are disqualified under section 44 of the constitution, which bans dual nationals.

The court will hold a directions hearing in Brisbane on Thursday.</s>Senator Nick Xenophon has approached the British Home Office to check his citizenship status, conceding he is unsure if he is a dual citizen.

He said he would release any citizenship documents as soon as he received them, hopefully by early next week.

“I am checking with them and seeking documents, and once I have them I will release them,” he told Guardian Australia on Friday.

Asked if he would refer himself to the high court, he said: “It depends on what the documents say.”

Xenophon, whose father Theodoros Xenophou is from Cyprus – a British colony until 1960, has been increasingly pulled into Canberra’s citizenship fiasco after he joked about his own citizenship status at a Sydney book launch last month.

This week, he confirmed he had not heard back from Greek and Cypriot authorities when he contacted them in an attempt to renounce any possible foreign citizenship. He has now approached the British Home Office for clarification.

“I think Australia is creating a lot of employment for the British Home Office right now,” he said on Friday.

“We’ll just have to wait for [them] to provide us with all the information, and I’m happy to release it all, which I hope I’ll have by Monday or Tuesday at the latest. The high court will be very, very, very busy in the next few months. This just shows you how section 44 [of the constitution] is in some respects quite imprecise.

“I’ve done everything in good faith. I’ve never had citizenship of another country, I don’t ever want to have citizenship of another country. There is no better country in the world than to have citizenship of Australia.

“So what can I do? I’m making the inquiries because I’m getting inquiries from the media and I’m being as open as I possibly can be in terms of what I’m doing, and as soon as I get that paperwork I’ll give it to you all.”

Xenophon is the latest federal MP to question his own eligibility for parliament.

On Thursday evening, the Turnbull government’s crisis over dual citizenships intensified as the deputy leader of the National party, Fiona Nash, joined Barnaby Joyce in referring herself to the high court – in her case, on the basis that she has British citizenship by descent.

Nash made a short, unheralded statement to the Senate on Thursday evening just before the adjournment, confirming the likelihood of her dual citizenship. She made it plain that like Joyce, but unlike the former resources minister and fellow National Matt Canavan, she intended to remain in her leadership and cabinet roles.

Xenophon told Fairfax Media on Friday that he would not resign if it was confirmed he had British citizenship by descent.

“It has to go to the high court,” he said.

“You let it go to the high court, that is what you do. That is the appropriate thing to do, I think.”

The Greens senators Scott Ludlam and Larissa Waters are the only politicians to resign from parliament upon learning of their dual citizenship.</s>Like Pakistan, the issue of dual citizenship has become massive debatable in Australia. Barnaby Joyce, Australian Deputy Prime Minister, is reported to have been caught in the dual citizenship crisis because the Constitution of Australia bars dual citizenship holders to sit in Parliament. Barnaby Joyce’s political future hangs in the balance after he revealed that he holds dual citizenship with New Zealand. So far, three or four Senators who were keeping dual citizenship have resigned from their membership.

 This is how the leadership of the civilized and democratic nations behave and act. They never hide the truth. They never do any type of fraud to keep their seats intact in Parliament. They simply resign and go back home but in our country these dual citizenship holders, be they politicians, bureaucrats or technocrats, use all ways and means to conceal the truth and invent packs of lies to be in authority. They have their own personal agendas, but not human or national agenda. What’s on their agenda? Simply, it is to rob and ruin the resources of this state of the Quaid, impoverish its people and create chaos in the society.

 HASHIM ABRO

 Islamabad</s>Independent Senator Nick Xenophon has joined an ever growing list of parliamentarians who have become entangled in the dual citizenship net.

His father was born in Cyprus, which at the time was a British Colony, which could mean Senator Xenophon has British citizenship by decent.

This could, ultimately, mean his election is invalid, voiding his considerable cross-bench clout.</s>South Australian senator Nick Xenophon is making inquiries with the British Home Office about his citizenship status.

Senator Xenophon's father Theodoros Xenophou is from Cyprus, which was a British colony until 1960, and records show he travelled to Australia in 1951 as a British citizen.

Senator Xenophon changed his name from Xenophou to Xenophon.

Senator Xenophon said he contacted British authorities this week and hopes to have an answer early next week about whether that means he might have dual citizenship by descent.

Yesterday, Nationals senator Fiona Nash revealed she was a dual British citizen by descent because her father was born in Scotland, and the High Court would consider her eligibility for Parliament.

Senator Xenophon has declared he has never been a citizen of another country.

His mother was born in Greece and he has previously written to both the Greek embassy and Cypriot high commission to renounce any potential citizenship of those countries.

A total of six federal parliamentarians have already been referred to the High Court because of questions over their citizenship — Greens Scott Ludlam and Larissa Waters, Nationals Matt Canavan, Barnaby Joyce and Senator Nash and One Nation senator Malcolm Roberts.

More to come.</s>Senator Xenophon confirmed he was making inquiries with the British Home Office over his citizenship status.

SOUTH Australian political heavyweight Nick Xenophon's parliamentary future is in doubt after he discovered overnight he is a British Overseas Citizen.

The South Australian senator told the Sunday Mail this morning that the British Home Office had confirmed his citizenship overnight, adding that he was told his case was "a rare peculiarity".

Senator Xenophon now joins growing list of Australian politicians caught up in the citizenship debacle, which means he may not be eligible to be a member of Federal Parliament.

He described his citizenship category as a "colonial relic" that needed to be addressed by the Australian Parliament.

Senator Xenophon will not resign from parliament but has instead sought advice from a constitutional lawyer.

"When the parliament resumes in a little over a fortnight I will seek the support of the Senate to refer myself to the High Court sitting as the Court of Disputed Returns," he said.

"Overnight and this morning I have sought legal advice from an authoritative constitutional law barrister, and it is appropriate that I keep working hard for South Australians in the Senate until the case is determined later this year."

Senator Xenophon's citizenship category is a historical category of citizenship formerly known as a Citizen of the United Kingdom and Colonies.

"The literature on this and oral advice from the UK Home Office is that this form of citizenship is quote "useless", and indeed in many cases it confers fewer rights than an Australian Citizen traveling on an Australian passport to the United Kingdom would have.

"The great irony here is that my father left Cyprus in order to escape British Colonial rule.

"At that time he appears to have travelled to Australia on British Colonial travel documents."

"Cyprus became independent of its colonial power on 16 August 1960.

"At the moment of independence every Cypriot lost their colonial UK citizenship status.

"I would have lost that colonial status as well if my father was living in Cyprus at the time or in any other country in the world except, according to the then British Nationality Act, these nine countries: Canada, Ceylon (now Sri Lanka), India, New Zealand, Pakistan, Union of South Africa, Southern Rhodesia (now Zimbabwe), Newfoundland (then a separate dominion, now part of Canada) and Australia.

"It seems that being born in Australia, according to 1948 UK legislation, makes me a colonial Pom (something that has stunned me and my 86 year old father)."

"The oral advice from the UK Home Office last night is that this whole scenario is a quote "rare peculiarity".

The revelation caps off a tough week for the senator whose SA Best Party is set to play a major role in the upcoming State Election.

On Thursday, his fledgling SA Best party was rocked by the snap resignation of its only sitting member of Parliament, just seven months from the state election.

On Friday, Senator Xenophon told reporters he had sought advice from the British Home Office and UK high commission whether he had any UK ties.

The Advertiser last week raised questions about a possible issue with Senator Xenophon's citizenship status.

Senator Xenophon was born in Adelaide but his father Theo Xenophou was born in Cyprus, which was a British territory until 1960, and came to Australia in 1951 as a British citizen.

His mother was born in Greece.

Before he was first elected in 2007, he wrote to the Greek embassy and Cypriot high commission to renounce any possible citizenship.

Upper House MP John Darley declared late Thursday he had quit the SA Best and Nick Xenophon Team parties.

He said he would remain in Parliament as an independent until his term finishes in 2022, prompting Senator Xenophon to demand that he quit parliament.

Mr Darley said he had argued with Senator Xenophon over the name of the new state-based SA Best party and policies on the proposed bank tax and electoral reform.

He said a key problem was that Senator Xenophon "just wants everything his own way".</s>Nick Xenophon will let the High Court decide his fate if it's confirmed he's a dual citizen, with the key Senate crossbencher determined to dig in and not resign from the Senate.

Senator Xenophon is urgently seeking clarification from the UK Home Office over his citizenship status after questions were raised about his father's nationality.

Theo Xenophou was born in Cyprus, which remained a British colony until 1960. He migrated to Australia in 1950, where Senator Xenophon was born. Travel documents show Theo came to Australia on a British passport.

While the South Australian senator has renounced Greek citizenship which he automatically received from his mother, he was not aware he held possible British citizenship until a journalist contacted him "a few days ago".

"All I can do is check and release whatever I get," he said.

"Whatever happens, happens.

"We are trying to get some further information, we are trying to get some clarity. Hopefully we get it in the early hours of Saturday morning."

Senator Xenophon said if it was confirmed he had British citizenship by descent, he would not resign.

"It has to go to the High Court," he said.

"You let it go to the High Court, that is what you do. That is the appropriate thing to do, I think."

The Nationals leadership has been thrown into disarray by the constitutional crisis, with Deputy Prime Minister Barnaby Joyce and his deputy, Fiona Nash, found to have received dual citizenship by descent, at birth.

Other MPs caught up in the saga include One Nation senator Malcolm Roberts, former cabinet minister Matt Canavan, and former Greens senators Scott Ludlam and Larissa Waters.

While Senator Canavan stepped down from the cabinet, Mr Joyce and Senator Nash have maintained their positions.

Attorney-General George Brandis on Friday said he regrets Senator Canavan's resignation from his ministry, which he said was done as a "precautionary step" after his story was made public.

He also defended the decision to withhold announcing Senator Nash's citizenship issues for almost a week.

The NSW senator received advice from the UK Home Office on Monday she was a dual citizen through her Scottish-born father, but did not announce it to Parliament until the dying moments of the last sitting fortnight.

Senator Brandis said he and Prime Minister Malcolm Turnbull were advised on Monday night of the situation but the government wanted to wait for official confirmation.

Senator Nash received confirmation of her dual citizenship from the UK at 5.40am on Thursday, but the government did not act until the solicitor-general's advice confirming that came through at 5pm.

An urgent sub-committee of cabinet was called, where Mr Turnbull, Senator Brandis and Foreign Minister Julie Bishop decided to refer the matter to the High Court. Senator Nash made her announcement to the Parliament just under an hour later.

The government remains confident its three MPs will be found to eligible to remain in Parliament.</s>MELBOURNE, Aug 19 (Reuters) - A crisis engulfing Australia's parliament has widened after a key independent senator became the seventh parliamentarian referred to the High Court to determine if his dual citizenship makes him ineligible to sit in parliament.

Senator Nick Xenophon's announcement on Saturday that he holds dual British citizenship comes as the future of Prime Minister Malcolm Turnbull's government hangs in the balance, with question marks surrounding the eligibility of key members of his government and crossbenchers threatening supply should it be stripped of its one-seat majority.

That majority was placed in jeopardy earlier this week after Deputy Prime Minister Barnaby Joyce said he may be ineligible for parliament due to New Zealand citizenship by descent.

His father was born in New Zealand. Joyce has since relinquished New Zealand citizenship, but is awaiting the High Court ruling, along with several other politicians who believe they may have dual citizenship.

The citizenship crisis, based on a 116-year-old law which demands an elected lawmaker only have Australian citizenship, has rocked the Australian parliament, ensnaring three government members, three Green party MPs and Xenophon.

Xenophon said on Saturday he had received advice overnight from the UK Home Office that, due to a "rare peculiarity", they considered him a British overseas citizen.

The senator, who was born in Adelaide, Australia, said his father, Theodoros Xenophou, was born in Cyprus and left there in 1951. Cyprus remained a British colony until 1960 when it gained independence.

"The great irony here is that my father left Cyprus in order to escape British colonial rule," the senator said.

Xenophon had renounced Greek citizenship, which he received from his mother, but had not been aware he held possible British citizenship.

On Friday a member of Xenophon's eponymous party in the lower house of parliament, Rebekha Sharkie, became the latest crossbencher to withdraw her support for the government on matters of confidence and supply, telling Fairfax Media the prime minister was showing "disrespect to the Australian community" by not standing down the ministers referred to the High Court from their cabinet positions.

While the government does not currently need the support of crossbenchers in the lower house to hold office, should the court rule Deputy Prime Minister Joyce ineligible, it could only survive with the support of at least one non-government MP.

Only one lower house crossbencher has not withdrawn their support.

Business leaders in the country have warned the dual citizenship chaos risks damaging the country's standing among foreign investors. (Reporting by Joseph Hinchliffe in MELBOURNE; Editing by Richard Pullin)</s>CANBERRA/SYDNEY (Reuters) - Australia's widening citizenship crisis entangled a seventh politician on Friday (Aug 18), a key independent senator whose support is critical for Prime Minister Malcolm Turnbull to pass legislation through a hostile Senate.

Senator Nick Xenophon said he may hold dual citizenship, Australian and British, which would make him ineligible to sit in parliament. He said he was checking if his father's birth in Cyprus makes him British, as well as Australian.

"The great irony here is that my father left Cyprus in 1951 in order to get away from British occupation of Cyprus. The suggestion that I could be a British citizen is something that would absolutely horrify my father...," Xenophon told The Australian newspaper.

Xenophon, whose eponymous party holds two key balance-of-power seats in the upper house, has stymied government media law reform plans and criticised the government's reluctance to order a sweeping inquiry into the nation's banking sector.

The citizenship crisis, based on a 116-year-old law which demands an elected lawmaker only have Australian citizenship, has rocked the Australian parliament, ensnaring three government members, three Green party MPs and Xenophon.

Turnbull's one-seat majority in the lower house is in jeopardy after Deputy Prime Minister Barnaby Joyce on Monday said he may be ineligible for parliament due to New Zealand citizenship by descent. His father was born in New Zealand.

Joyce has since relinquished New Zealand citizenship, but is awaiting a High Court ruling, along with several other politicians who believe they may have dual citizenship.

The High Court will begin hearings into Joyce's eligibility on Aug. 24. Should he be ruled ineligible, Turnbull would be forced to rely on independents to pass legislation.

If the lawmakers under a citizenship cloud are ruled ineligible by the High Court there will need to be by-elections held in their seats. If Joyce failed to win re-election in his rural seat, Turnbull would face a hung parliament.

Turnbull's government is struggling in opinion polls and would not wish to be tested at the ballot box at this time.

Australia's foreign minister has accused New Zealand's Labour Party of conspiring to bring down the Australian government by revealing Joyce's New Zealand ancestry.

Under Section 44 of Australia's constitution "a subject or a citizen of a foreign power" is barred from office.

One government senator, Matt Canavan, discovered his mother obtained Italian citizenship on his behalf, while another, Fiona Nash, said she is a Briton because her estranged and long-dead father was born in Scotland.

Turnbull told reporters in Canberra on Friday that he expects the High Court to keep the dual-national MPs in office.

"Section 44 was designed, as the court has said, to prevent politicians having conflicts of loyalties or split allegiances, that's a quote from one of the judgments," Turnbull said. "I'm very confident that the court will find that Fiona Nash, Barnaby Joyce and Matt Canavan are not disqualified from sitting in the parliament."</s>Colourful South Australian senator Nick Xenophon is the latest member of Parliament to become entangled in the ever-growing citizenship crisis engulfing federal politics, as he urgently checks if he has inherited British citizenship from his father.

Xenophon, who just three days ago joked with Senate colleague Sam Dastyari that he was not a Greek citizen, confirmed he was getting advice as to whether he may be a U.K. citizen by descent.

His father, Theo, was born in Cyprus, which was a British colony until 1960. Senator Xenophon was born in Australia in 1950, and questions are being asked as to whether he has inherited British citizenship through his dad. Travel logs appear to show Theo using a British passport when he migrated to Australia.

Xenophon told Fairfax Media that he hoped to receive legal advice by Saturday.

"All I can do is check and release whatever I get," he told Fairfax.

"Whatever happens, happens."

Xenophon confirmed he would not step down from the Senate, as his former colleagues Larissa Waters and Scott Ludlam did when their dual citizenships of Canada and New Zealand respectively were confirmed, but would wait for a High Court judgement.

Fellow senators Matt Canavan, Malcolm Roberts and Fiona Nash, as well as deputy Prime Minister Barnaby Joyce, have chosen to also let the High Court decide their fate.

"It has to go to the High Court," Xenophon told Fairfax.

"You let it go to the High Court, that is what you do. That is the appropriate thing to do, I think."

Just this week, Xenophon pulled a stunt with Labor Senator Sam Dastyari, joking that they were not citizens of Greece or Iran, as has been alleged by some during the constitutional embroglio.

Xenophon's received Greek citizenship from his mother, but he formally renounced that before entering politics.
Australian Senator Nick Xenophon is discovered to hold dual citizenship with Britain.