Page:Re Canavan.pdf/58

Kiefel CJ

Bell J

Gageler J

Keane J

Nettle J

Gordon J

Edelman J

the IA 1971, Senator Nash acquired the right of abode in the United Kingdom. On 1 January 1983, on the commencement of the BNA 1981, Senator Nash became a British citizen.

119 At the date of her nomination as a senator for New South Wales, Senator Nash remained a British citizen, having not renounced that status and not having been deprived of it. Senator Nash was incapable of being chosen or sitting as a senator by reason of s 44(i) of the Constitution, and so there is a vacancy in the representation of New South Wales in the Senate for the place for which Senator Nash was returned.

120 Senator Xenophon was returned on 4 August 2016 as a senator for South Australia at the general election for the Parliament held on 2 July 2016.

121 Senator Xenophon has always considered himself to be an Australian. He was born in January 1959 in Toorak Gardens, South Australia. He has resided all his life in Australia and has always been an Australian citizen. He was brought up in a household in which he describes his cultural heritage as Australian of Hellenic descent. He spoke Greek and English at home. He was baptised in the Greek Orthodox faith and regularly attended the Greek Orthodox Church in Norwood, South Australia. His father was born in Cyprus in July 1931. His father emigrated from Cyprus to Australia in 1951 and was naturalised as an Australian citizen in July 1965. Senator Xenophon's mother was born in Greece in January 1928. She emigrated to Australia in 1956 and was naturalised as an Australian citizen in September 1963. At the time of their naturalisation each of Senator Xenophon's parents renounced allegiance to all other foreign sovereigns.

122 In October 1997, Senator Xenophon was elected as a member of the Legislative Council in South Australia. Prior to his first election to the Australian Senate in November 2007, Senator Xenophon considered it prudent, because of his Hellenic background, to renounce any entitlement that he might have to citizenship of Greece or Cyprus. He wrote to the Greek Embassy and the High Commission of Cyprus, in each case renouncing any right of citizenship. It