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Australian Deputy PM Barnaby Joyce
and four other politicians were wrongly elected because they held dual
citizenship, a court has ruled.
The High Court of Australia
decision means three of the politicians, including Mr Joyce, are
disqualified from office. The others quit in July.
Australia's constitution prohibits dual citizens from being elected.
Mr Joyce's exit strips the government of its one-seat majority, but he could return through a by-election.
The deputy prime minister, who renounced New Zealand citizenship in August, has pledged to re-contest his lower house seat.
"I respect the verdict of the court," Mr Joyce said immediately after the verdict.
"We
live in a marvellous democracy, with all the checks and balances they
have given us all the freedoms we see. I thank the court [for] their
deliberations."
Who are Australia's dual citizen MPs?
The other four politicians - Fiona Nash, Malcolm Roberts, Larissa Waters and Scott Ludlam - had been elected to the Senate. Image copyrightEPA
Another two politicians under scrutiny, senators Matt Canavan and Nick Xenophon, were ruled to have been validly elected.
The
dual citizenship saga has captivated Australian politics since July,
prompting dozens of MPs to publicly clarify their status.
What did the politicians argue?
During three days of hearings, the government told the court that only Mr Roberts and Mr Ludlam should be disqualified, arguing the others did not know about their dual citizenship when they were elected last year.
Mr Roberts claimed he had tried to revoke his citizenship. Mr Ludlam and Ms Waters, the only MPs to resign over the saga, did not offer a defence - arguing all seven should be ineligible.
What did the court say?
The
seven-judge bench deliberated for two weeks before ruling that five
politicians were ineligible as a "subject or citizen of a foreign
power", under to the constitution's section 44(i).
The court ruled that Mr Canavan and Mr Xenophon were not dual citizens, according to the constitutional definition.
The
court was not satisfied that Mr Canavan had attained Italian
citizenship through descent, while Mr Xenophon's class of inherited UK
citizenship did not give him full rights and privileges.
Politician
Second citizenship
Election
Barnaby Joyce, government
New Zealand
Invalid
Fiona Nash, government
UK
Invalid
Matt Canavan, government
Italy
Valid
Malcolm Roberts, One Nation
UK
Invalid
Nick Xenophon, Nick Xenophon Team
UK
Valid
Larissa Waters, Greens
Canada
Invalid
Scott Ludlam, Greens
New Zealand
Invalid
What does it mean for the government?
With
Mr Joyce disqualified, Prime Minister Malcolm Turnbull's numbers slip
to 75 in the 150-seat House of Representatives - meaning he is now
overseeing a minority government.
However, Mr Turnbull could
regain his 76-seat majority if Mr Joyce wins the by-election on 2
December. Mr Joyce is eligible to run now he is a citizen of Australia
alone.
Under a minority government, Mr Turnbull will require
support from independent MPs and minor parties to pass legislation in
the lower house.
He has also reshuffled his cabinet because both Mr Joyce and Ms Nash held ministerial portfolios.
How a dual citizen crisis befell Australia
Another contest begins
Jay Savage, BBC Australia Online editor
This
ruling ends months of confusion about what some had described as an
out-of-date, if not odd, quirk of Australia's 1901 constitution.
But that clarity brings only fresh uncertainty for Mr Turnbull.
The prime minister had repeatedly expressed confidence that all three of his coalition members would be absolved by the court.
Now
he faces a parliament where he is more likely to lose votes, and
confront greater tactical manoeuvring - at least for the time being.
Most
experts believe it is likely that Mr Joyce will win a by-election in
his New South Wales seat, possibly with an increased margin.
However, victory is not assured and Mr Joyce could face many rivals. Will such intense national scrutiny affect the vote?
A loss would be a blow for Mr Turnbull, who is already facing several political headaches, including heated debates over legalising same-sex marriage and recognition of indigenous Australians.
What has been the reaction?
Mr
Turnbull said he was disappointed in the court's decision, but stressed
that his government still had six more MPs than Labor's 69.
"The decision of the court today is clearly not the outcome we were hoping for but the business of government goes on," he said.
Labor
criticised Mr Turnbull for not immediately suspending Mr Joyce and Ms
Nash after they referred themselves to the court in August.
Deputy leader Tanya Plibersek vowed to scrutinise decisions the pair had made.
What about the senators?
Their
seats will not go to a by-election. Instead, each disqualified senator
will be replaced by a member of their own party, or coalition partner,
in a recount of votes from the July 2016 election.
Despite being ruled eligible, Mr Xenophon said earlier this month that he would resign regardless of the verdict to run for South Australia's state legislature.
Ms Waters has already signalled her intention to contest the next general election.
Ms Waters first to breastfeed in Senate
Are any ministerial decisions in doubt?
The
Labor opposition has claimed that decisions made by Mr Joyce and Ms
Nash since last year are "under a cloud" and could face a legal
challenge.
However, legal experts told the BBC that challenges
would be unlikely to succeed, because they could potentially
disadvantage the public.
Prof Anne Twomey, from the University of
Sydney, said the law would protect Australians who relied "in good faith
on the apparent authority" of ministers to make decisions.
However,
any decisions made since August - when the ministers learned of their
dual citizenship - could be less secure, the experts said.
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