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Is our PM legally able to hold office ? (Read 16835 times)
DaS Energy
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Is our PM legally able to hold office ?
Oct 11th, 2014 at 8:36pm
 

This is a strange one to contemplate but its a question that should be straightforward to resolve . Apparently for some strange reason it seems to be obscure or inquiries are blocked .

You cannot hold a position as an MP if you have dual citizenship .

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.

http://www.independentaustralia.net/politics/politics-display/the-strange-and-suspicious-case-of-tony-abbotts-citizenship,6859
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greggerypeccary
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Re: Is our PM legally able to hold office ?
Reply #1 - Oct 11th, 2014 at 8:40pm
 

No, he isn't (constitutionally).

However, I don't want to see him removed because of a technicality (after all, the office of PM isn't even in the Constitution).

I want to see him voted out. 

I want to see him done slowly.



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Lobo
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Re: Is our PM legally able to hold office ?
Reply #2 - Oct 11th, 2014 at 8:45pm
 
greggerypeccary wrote on Oct 11th, 2014 at 8:40pm:
No, he isn't (constitutionally).

However, I don't want to see him removed because of a technicality (after all, the office of PM isn't even in the Constitution).

I want to see him voted out. 

I want to see him done slowly.



Amen!!!

Smiley
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"What's in store for me in the direction I don't take?"-Jack Kerouac.
 
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Stratos
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Re: Is our PM legally able to hold office ?
Reply #3 - Oct 11th, 2014 at 8:47pm
 
DaS Energy wrote on Oct 11th, 2014 at 8:36pm:
You cannot hold a position as an MP if you have dual citizenship .


If that is a rule, and I'm not exactly convinced of it from the article, it's a dumb rule.  What possible reason is there for dual citizens to not hold office?
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Pete Waldo wrote on Jan 15th, 2014 at 11:24pm:
Thus killing those Canaanite babies while they were still innocent, was a particularly merciful act
 
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Armchair_Politician
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Re: Is our PM legally able to hold office ?
Reply #4 - Oct 11th, 2014 at 8:49pm
 
Gawd, this again?!?!?! ***Gets out the popcorn***
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DaS Energy
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Re: Is our PM legally able to hold office ?
Reply #5 - Oct 11th, 2014 at 8:50pm
 
Stratos wrote on Oct 11th, 2014 at 8:47pm:
DaS Energy wrote on Oct 11th, 2014 at 8:36pm:
You cannot hold a position as an MP if you have dual citizenship .


If that is a rule, and I'm not exactly convinced of it from the article, it's a dumb rule.  What possible reason is there for dual citizens to not hold office?



Australians like their PM to be Australian, not a duel citizen jihadist!
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greggerypeccary
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Re: Is our PM legally able to hold office ?
Reply #6 - Oct 11th, 2014 at 8:52pm
 
Stratos wrote on Oct 11th, 2014 at 8:47pm:
DaS Energy wrote on Oct 11th, 2014 at 8:36pm:
You cannot hold a position as an MP if you have dual citizenship .


If that is a rule, and I'm not exactly convinced of it from the article, it's a dumb rule.  What possible reason is there for dual citizens to not hold office?



http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/s44.html

"Any person who ... 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 ... shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives."

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DaS Energy
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Re: Is our PM legally able to hold office ?
Reply #7 - Oct 11th, 2014 at 8:52pm
 


Silly me, Abbott would have no idea he did a wrong in claiming to an Australian citizen and not hold duel citizenship when seeking office!
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DaS Energy
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Re: Is our PM legally able to hold office ?
Reply #8 - Oct 11th, 2014 at 8:54pm
 
Lobo wrote on Oct 11th, 2014 at 8:45pm:
greggerypeccary wrote on Oct 11th, 2014 at 8:40pm:
No, he isn't (constitutionally).

However, I don't want to see him removed because of a technicality (after all, the office of PM isn't even in the Constitution).

I want to see him voted out. 

I want to see him done slowly.



Amen!!!

Smiley


I don't give two bob for the lying little pome runt, its Australians I care for, and leaving it where it is hurts Australians!
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Armchair_Politician
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Re: Is our PM legally able to hold office ?
Reply #9 - Oct 11th, 2014 at 8:56pm
 
DaS Energy wrote on Oct 11th, 2014 at 8:50pm:
Stratos wrote on Oct 11th, 2014 at 8:47pm:
DaS Energy wrote on Oct 11th, 2014 at 8:36pm:
You cannot hold a position as an MP if you have dual citizenship .


If that is a rule, and I'm not exactly convinced of it from the article, it's a dumb rule.  What possible reason is there for dual citizens to not hold office?



Australians like their PM to be Australian, not a duel citizen jihadist!


Since when does being a dual citizen make you a jihadist? You're certifiable!!!
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Datalife
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Re: Is our PM legally able to hold office ?
Reply #10 - Oct 11th, 2014 at 8:58pm
 
Armchair_Politician wrote on Oct 11th, 2014 at 8:49pm:
Gawd, this again?!?!?! ***Gets out the popcorn***


Watch out for the constitutional lawyers, gonna be thick as fleas shortly.  Course it would nice to see some facts established before the pontifications in law but that is never going to happen on this forum.
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"If they’re out there in the high seas, what you would do is seek to turn them back through the agency of the Australian Navy".

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greggerypeccary
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Re: Is our PM legally able to hold office ?
Reply #11 - Oct 11th, 2014 at 9:01pm
 
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Aussie
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Re: Is our PM legally able to hold office ?
Reply #12 - Oct 11th, 2014 at 9:10pm
 
Datalife wrote on Oct 11th, 2014 at 8:58pm:
Armchair_Politician wrote on Oct 11th, 2014 at 8:49pm:
Gawd, this again?!?!?! ***Gets out the popcorn***


Watch out for the constitutional lawyers, gonna be thick as fleas shortly.  Course it would nice to see some facts established before the pontifications in law but that is never going to happen on this forum. 



Yeas, it is an issue about which more than one Thread exists, and it is also an issue Abbott is doing all he can to ferment by failing to disclose his position.

He came to Australia as a Brit.  He stayed a Brit until not long before he won that Rhodes Scholarship.  His domineering Mother woke up to the fact that he needed to be an Australian Citizen to get it, and he did acquire Aussie Citizenship.

What is not explained, and what seems to be the subject of significant obfuscation and cover-up is whether he ever later renounced his British citizenship.  He may, for all that is known, have dual citizenship, as does the Indian Bride.  She no longer has a British Passport and she has been a Australian Citizen for decades....yet I am quite sure she has never formally renounced her British citizenship.

Abbott could easily bury this issue by being totally transparent.
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Datalife
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Re: Is our PM legally able to hold office ?
Reply #13 - Oct 11th, 2014 at 9:13pm
 
Aussie wrote on Oct 11th, 2014 at 9:10pm:
Datalife wrote on Oct 11th, 2014 at 8:58pm:
Armchair_Politician wrote on Oct 11th, 2014 at 8:49pm:
Gawd, this again?!?!?! ***Gets out the popcorn***


Watch out for the constitutional lawyers, gonna be thick as fleas shortly.  Course it would nice to see some facts established before the pontifications in law but that is never going to happen on this forum. 



Yeas, it is an issue about which more than one Thread exists, and it is also an issue Abbott is doing all he can to ferment by failing to disclose his position.

He came to Australia as a Brit.  He stayed a Brit until not long before he won that Rhodes Scholarship.  His domineering Mother woke up to the fact that he needed to be an Australian Citizen to get it, and he did acquire Aussie Citizenship.

What is not explained, and what seems to be the subject of significant obfuscation and cover-up is whether he ever later renounced his British citizenship.  He may, for all that is known, have dual citizenship, as does the Indian Bride.  She no longer has a British Passport and she has been a Australian Citizen for decades....yet I am quite sure she has never formally renounced her British citizenship.

Abbott could easily bury this issue by being totally transparent.


Maybe it is a idiot storm in a teacup with no foundation and nothing to be totally transparent about.
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"If they’re out there in the high seas, what you would do is seek to turn them back through the agency of the Australian Navy".

Kevin Rudd on 2GB, July 12, 2007
 
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greggerypeccary
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Re: Is our PM legally able to hold office ?
Reply #14 - Oct 11th, 2014 at 9:18pm
 
Datalife wrote on Oct 11th, 2014 at 9:13pm:
Aussie wrote on Oct 11th, 2014 at 9:10pm:
Datalife wrote on Oct 11th, 2014 at 8:58pm:
Armchair_Politician wrote on Oct 11th, 2014 at 8:49pm:
Gawd, this again?!?!?! ***Gets out the popcorn***


Watch out for the constitutional lawyers, gonna be thick as fleas shortly.  Course it would nice to see some facts established before the pontifications in law but that is never going to happen on this forum. 



Yeas, it is an issue about which more than one Thread exists, and it is also an issue Abbott is doing all he can to ferment by failing to disclose his position.

He came to Australia as a Brit.  He stayed a Brit until not long before he won that Rhodes Scholarship.  His domineering Mother woke up to the fact that he needed to be an Australian Citizen to get it, and he did acquire Aussie Citizenship.

What is not explained, and what seems to be the subject of significant obfuscation and cover-up is whether he ever later renounced his British citizenship.  He may, for all that is known, have dual citizenship, as does the Indian Bride.  She no longer has a British Passport and she has been a Australian Citizen for decades....yet I am quite sure she has never formally renounced her British citizenship.

Abbott could easily bury this issue by being totally transparent.


Maybe it is a idiot storm in a teacup with no foundation and nothing to be totally transparent about.   



"Ms Gillard became an Australian citizen in 1974 along with the rest of her family, and renounced her British citizenship before entering Parliament."

https://web.archive.org/web/20110624003839/http://www.pm.gov.au/your-pm

And Abbott ...             Undecided

http://www.pm.gov.au/your-pm
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