← All Authorities
Australia Leading Case constitutional

Re Canavan

(2017) 263 CLR 399
JurisdictionAustralia
CourtHigh Court of Australia
Year2017
StatusBinding authority

Summary

Section 44(i) of the Constitution disqualifies dual citizens from federal parliament unless they have taken all reasonable steps to renounce their foreign citizenship.

Key Principle

s 44(i); disqualification of parliamentarians holding dual citizenship; reasonable steps to renounce required

Area of Law

constitutional

Related Cases

NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 97 ALJR 1005

Indefinite administrative detention of a non-citizen with no real prospect of removal is unlawful as punitive and contrary to Ch III of the Australian Constitution, overruling Al-Kateb v Godwin.

Farm Transparency International v NSW (2022) 276 CLR 81

HCA upheld NSW ag-gag laws as valid notwithstanding a burden on the implied freedom of political communication, applying the structured proportionality test.

Palmer v Western Australia (2021) 272 CLR 505

HCA upheld WA COVID-19 border closure legislation as valid under s.92, finding restrictions on interstate movement were reasonably necessary and proportionate to protect public health.

Ask CommonBench about this case

Get a detailed analysis of Re Canavan and how it applies to your situation.

Explain Re Canavan