Sudmalis is entitled
Given the latest parliamentary resignation by Senator Skye Kakoschke-Moore, Ann Sudmalis' silence on her potential ineligibility as MP for Gilmore is becoming less tenable by the day.
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Ms Sudmalis declared in August that she is not a dual citizen of the UK through her British-born mother. She produced a form to prove it (although I'm not quite sure how a form showing she hadn't become a citizen since 1986 resolves anyone's concerns). Ms Sudmalis may well be correct, as prior to the 1980s UK citizenship by descent passed through the father only.
However, Section 44(1) of the Constitution deals with more than just citizenship of another country. A candidate is ineligible if they are "...under any acknowledgment of allegiance... to a foreign power". After living in England for over two years as a child, Ms Sudmalis' 1966 passenger arrival card refers to her nationality as "British-Australian" - the same as her father's and brother's card. Her passenger declaration is arguably an acknowledgment of allegiance to a foreign power.
That may seem trivial. However, a candidate is also ineligible if they are "...entitled to the rights or privileges of a subject or a citizen of a foreign power". Her mother and her residency in a Commonwealth country since 1983 provides Ms Sudmalis with the "right of abode" in the UK. With such a right she can enter, leave, live, work, vote, and even stand for parliament in the UK. All she needs is for her right of abode to be certified. These are arguably the rights and privileges of a citizen of a foreign power.
This constitutional debacle is legally complex. To avoid further uncertainty, the Member for Gilmore surely has to refer her situation to the High Court for proper consideration.
M. Corrigan, Hobart
Compliment welcome
I’d like to thank the editor for the compliment given in writing in the South Coast Register’s editorial of November 15, 2017.
Had the writer properly researched material regarding citizenship by descent, they would have discovered that 1983 was a particularly relevant year in the citizenship issue for the United Kingdom.
Before 1983, an Australian born person could be a dual citizen only via paternal descent. After 1983, an Australian born would also be a dual citizen via both maternal and paternal descent.
I was born in 1955. My mother was born in London, not my father. Both my grandfather and father were born in Australia.
I look forward to a public apology for the inaccurate reporting and the very untruthful assertions regarding entitlements to which I have no access.
A. Sudmalis, Member for Gilmore
Sudden survey
On Sunday morning I checked my local newspaper online and saw an article “Pathway to connect Callala Bay, Beach divides opinion”, South Coast Register, Friday, November 24, 4.30pm. Had better read that, I thought.
Then I read in the article: “To ensure all residents were consulted, Callala Beach Progress Association opened a survey, that shows most of the community is behind the construction of the path.”
As a member of Callala Beach Progress Association, the survey certainly was “news to me”.
I found the survey on the Callala Beach Association Facebook Page posted at 6.25pm Thursday, November 23. However the survey was already closed, less than 24 hours from its opening to the statement in the South Coast Register “to ensure all residents were consulted”.
I was surprised to learn further the results of the survey had been submitted to council.
As much as the South Coast Register has done a good job in trying to cover this news story, I would hope that next time such a survey was not “news to me”.