Page:Re Canavan.pdf/43

Kiefel CJ

Bell J

Gageler J

Keane J

Nettle J

Gordon J

Edelman J

63 Particular reference may be made here to the decision in Sykes v Cleary in relation to the second and third respondents, Mr Delacretaz and Mr Kardamitsis, respectively. Mr Delacretaz, who had been born in Switzerland and was a Swiss citizen from that time, had lived in Australia for more than 40 years before the date for nomination for election to the House of Representatives, and was naturalised as an Australian citizen nearly 32 years before that date. When he was naturalised he renounced all allegiance to any sovereign or state of whom or of which he was a subject or citizen. Mr Kardamitsis had been born in Greece and from the time of his birth was a Greek citizen. He had lived in Australia for more than 20 years before the date of nomination and he was naturalised more than 17 years before that date. At his naturalisation, he likewise renounced all other allegiance.

64 A majority (Mason CJ, Brennan, Dawson, Toohey and McHugh JJ) held that Mr Delacretaz was disqualified by s 44(i) because, as the plurality said, he :

""omitted to make a demand for release from Swiss citizenship which would have been granted automatically as he has no residence in Switzerland and has been an Australian citizen for thirty-two years. Because he has failed to make such a demand, it cannot be said that he has taken reasonable steps to divest himself of Swiss citizenship and the rights and privileges of such a citizen.""

65 The plurality said that Mr Kardamitsis was disqualified by s 44(i) because :

""in the absence of an application for the exercise of the discretion [of the Greek Minister] in favour of releasing [him] from his Greek citizenship, it cannot be said that he has taken reasonable steps to divest himself of Greek citizenship and the rights and privileges of such a citizen.""