Page:Re Canavan.pdf/46

Kiefel CJ

Bell J

Gageler J

Keane J

Nettle J

Gordon J

Edelman J

74 Senator Canavan nominated for election as a senator at the general election for the Parliament held on 2 July 2016. At the time, Senator Canavan believed that he was a citizen of Australia and of no other country. Senator Canavan was returned on 5 August 2016 as an elected senator for Queensland. In issue is whether at the date of his nomination Senator Canavan was a citizen of Italy by descent.

75 Senator Canavan was born in Southport, Queensland in 1980. His father was born in Toowoomba, Queensland. His mother, Maria Canavan, was born in Ayr, Queensland in October 1955. Senator Canavan's only link to Italy is through his maternal grandparents, Gaetano and Rosalia Zanella, both of whom were born in Lozzo di Cadore, Belluno, Italy. In 1951 Gaetano and Rosalia Zanella migrated to Australia and each later became an Australian citizen: Gaetano was naturalised in September 1955 and Rosalia was naturalised in September 1959. By becoming Australian citizens, and by making Australia their place of residence, under Italian law Gaetano and Rosalia Zanella ceased to be Italian citizens. When Senator Canavan was born, his parents and grandparents were Australian citizens and only Australian citizens.

76 Senator Canavan has never visited Italy and has never taken any steps to acquire Italian citizenship.

77 Before 2006, it had not occurred to Senator Canavan that he or his siblings might be Italian citizens. Sometime during that year, his mother told him that he was eligible to apply for Italian citizenship and she gave him some documents to complete if he wished to pursue the matter. Senator Canavan did not wish to become an Italian citizen and he did not complete the documents. He was aware that his brother had taken steps to become an Italian citizen and to acquire an Italian passport.

78 On 18 July 2017, Senator Canavan's mother told him that he may have been registered as an Italian citizen as a result of steps that she had taken to become an Italian citizen. The following day Senator Canavan set in train inquiries to determine his citizenship status under Italian law. On 24 July 2017, he was informed by an Italian consular official that he had been registered as an Italian citizen in 2006. The following day Senator Canavan received written confirmation from the Italian Embassy that his name was registered with the Italian Consulate in Brisbane, that the registration had been "requested by your