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ACT Senator Katy Gallagher denies dual citizenship as federal crisis deepens

By Glynis Quinlan - 29 August 2017 7
Katy Gallagher

Katy Gallagher

ACT Senator and Federal Labor frontbencher Katy Gallagher has denied being an Ecuadorian citizen following media claims that she may have dual citizenship of that nation by descent because her mother was born there.

Ms Gallagher is the first ACT political representative to be embroiled in the dual citizenship saga which has been rocking federal politics.

The issue has hit the spotlight because The Daily Telegraph has obtained Ms Gallagher’s mother’s arrival card to Australia, which shows she was born in Ecuador.

The newspaper claims that under article seven of Ecuador’s constitution (updated in 2008) this may mean Ms Gallagher is a citizen as this article states that people classified as Ecuadorean by birth include “persons born abroad of a mother or father born in Ecuador and their descendants up to the third degree of consanguinity”.

However, Ms Gallagher has strongly rejected claims she has dual citizenship.

“I am not and have never been an Ecuadorian citizen,” said Ms Gallagher, who is the Federal Opposition’s spokeswoman on small business and financial services.

“The 2008 Constitution was not in effect when my mother was born in 1943.

“As part of the ALP vetting process, I disclosed that my mother was a British citizen, born in Ecuador to British parents, who were temporarily working in Ecuador,” she said.

“The circumstances of my mother’s birth and citizenship were investigated.

“As a result of these investigations it was determined that I had not obtained Ecuadorian citizenship by descent from my mother.”

In early October seven federal parliamentarians are set to face the High Court to see if they are eligible to remain in parliament due to foreign citizenship concerns.

As yet, no Labor politicians have either been referred or referred themselves to the High Court in connection with this issue.

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7 Responses to
ACT Senator Katy Gallagher denies dual citizenship as federal crisis deepens
HSewell 10:03 am 01 Sep 17

Lucy Baker said :

The 2008 Constitution doesn’t preclude retrospectivity. Apparently Gallagher didn’t in fact check, which contradicts both Penny Wong’s and Bill Shorten’s assurances that. I stone was left unturned checking re S44.

…Lucy, it may be worth googling the phrase “presumption against retrospectivity”…

Lucy Baker 9:07 pm 31 Aug 17

The 2008 Constitution doesn’t preclude retrospectivity. Apparently Gallagher didn’t in fact check, which contradicts both Penny Wong’s and Bill Shorten’s assurances that. I stone was left unturned checking re S44.

dungfungus 4:25 pm 30 Aug 17

MERC600 said :

Well I must confess I had to use google earth to find Ecuador. I had it somewhere near Costa Rica.

“lo siento” (sorry) No slight meant to Kate and other Ecuadorians. It’s just that you don’t hear a great deal about the country. Well apart from that bloke holed up in their embassy in London.

“Well apart from that bloke holed up in their embassy in London.” who happens to be an Australian too, unfortunately.

MERC600 2:50 pm 30 Aug 17

Well I must confess I had to use google earth to find Ecuador. I had it somewhere near Costa Rica.

“lo siento” (sorry) No slight meant to Kate and other Ecuadorians. It’s just that you don’t hear a great deal about the country. Well apart from that bloke holed up in their embassy in London.

dungfungus 11:30 am 30 Aug 17

The Ecuadorian matter aside, Senator Gallagher still has to deal with the undisputed (and yet un-commented on) fact that having a British father she is able to become a British citizen so has she repudiated this privilege and if so, where is the written proof?

Even if she is forced into facing another election she would win so lets move on.

By the way, I saw an Ecuadorian film at the Latin American Film Festival at ANU last night. It was an excellent presentation and the showing was well attended.

bj_ACT 5:44 pm 29 Aug 17

I note that Katy Gallagher also had a press release back in 2011 that if re-elected she will have the Ashley Drive duplication finished in 2015. So I’m not sure about her credibility for timelines. But I like Katy, and I hope she doesn’t have to go all Julian Assange on us and have to hide in the Ecuador embassy to make sure she doesn’t have to face the high court. Barnaby I will happily let go to any foreign embassy.

http://www.katygallagher.net/act_labor_to_invest_19_6_million_to_further_upgrade_and_duplicate_ashley_drive

dungfungus 2:25 pm 29 Aug 17

It is clearly shown here by the ACT Labor Government that her mother was born in Ecuador: http://www.legislation.act.gov.au/di/2007-156/current/pdf/2007-156.pdf

In this article she states that her parents both migrated (independently) from the UK and met each other on the trip. Nothing is mentioned about the Ecuadorian connection.
http://citynews.com.au/2012/revealed-the-private-life-of-katy-gallagher/

She appears to be aware of it but like many other Federal MPs and Senators in the same situation she hasn’t totally expunged the possibility that she is a dual citizen and she hasn’t fessed up either.

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