Opposition leader Bill Shorten has declared he would support referring Labor MP David Feeney to the High Court in the coming days, assuming Mr Feeney is still unable to provide documentary evidence that he renounced his UK citizenship.
The Labor leader admitted his colleague told him he was struggling to find the documents around one week ago, prior to the publication of a citizenship register on Tuesday evening.
The register of all federal MPs’ citizenship documents revealed Mr Feeney had written to the UK Home Office in October 2007, in the lead-up to the election won by former Prime Minister Kevin Rudd.
But Mr Feeney was unable to provide any response from the foreign office. The search is still underway, according to Labor.
Mr Shorten said he had “made it clear” to his colleague and close friend that he would support a High Court referral if the documents were not found soon.
“He advised me he was undertaking searches in both Australia and the UK, for some of these documents,” Mr Shorten said.
“David fronted up last night and honestly said that he would expect, and support, himself being referred to the High Court if at the time of the referral debate, which I imagine is in the next couple of days, if he doesn't have all of the documents,” he told reporters on Wednesday.
Mr Feeney narrowly holds the seat of Batman in Victoria, which was hotly contested by the Greens at the last election. If the High Court kicks him out, it would trigger yet another by-election.
Mr Shorten’s announcement comes as the Turnbull Government is threatening to refer Mr Feeney and three other Labor MPs to the High Court: Susan Lamb, Justine Keay and Josh Wilson.
It comes after Labor senator Katy Gallagher referred herself to the High Court, despite maintaining she has taken all the necessary steps to comply with Section 44 of the Constitution – which forbids dual citizens from serving in the parliament.
Labor wants the Coalition to agree to refer many more of its own MPs, but the government has given no such assurance.
