Katy Gallagher's citizenship case to be decided next week

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Katy Gallagher's citizenship case to be decided next week

The High Court will rule on the eligibility of Labor senator Katy Gallagher the day after the budget, which could have ramifications for four other federal politicians.

The former ACT chief minister has been embroiled in the dual citizenship fiasco.

Senator Gallagher argued she took all reasonable steps to renounce her British citizenship before the 2016 federal election, but allowed her case to be referred to the High Court after what she described as attacks from the Coalition.

She signed a statutory declaration to the ACT Legislative Assembly saying she fulfilled the requirements to become a senator, when put forward to replace former Labor minister Kate Lundy.

Former solicitor-general Justin Gleeson represented Senator Gallagher, and argued the former frontbencher should not be held responsible for administrative delays in the British public service that led to her renunciation being formally registered after the closure of nominations.

But the Commonwealth argued against that claim, saying she had failed to exercise due diligence.

The judgment in Senator Gallagher's case will be keenly watched within the Labor Party, with fellow Opposition MPs Susan Lamb, Justine Keay and Josh Wilson also under a constitutional cloud.

Crossbench South Australian MP Rebekha Sharkie has similar concerns over the time her renunciation was formally registered.

There is speculation that if Senator Gallagher is disqualified, she may be nominated by the Labor Party as their candidate for the newly created third ACT Lower House electorate.

The High Court has disqualified five sitting parliamentarians during the dual-citizenship saga.

Another four politicians resigned in the wake of the original High Court judgment.

A parliamentary committee is investigating whether section 44 of the constitution needs to be changed in a referendum, to properly reflect Australia's multicultural population.

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