Fowler’s newly elected independent candidate Dai Le faces questions after she testified that she had never had citizenship in a country other than Australia.
The eligibility of newly elected independent Dai Le has been scrutinized after it was revealed that she had stated that she had never been a subject or citizen of any country other than Australia.
Mrs Le defeated Labor candidate Kristina Keneally, who was parachuted into Fowler’s historically safe headquarters west of Sydney.
The independent was born in Vietnam and left with his family at the age of seven in 1975 before arriving in Australia in 1979, after spending time in a refugee camp in the Philippines and Hong Kong.
In her statement to the 44th section of the Australian Electoral Commission, Ms Le said she had never been a subject or citizen of any nation other than Australia, The Australian reported.
The form also asks candidates who have had the nationality of another country to declare the date and how they lost it, but Ms. He left these spaces blank.
Stream more live and on-demand election news with Flash. More than 25 news channels in one place. New to Flash? Try 1 month for free. The offer ends on October 31, 2022.
If the candidate has previously had foreign citizenship, he / she must provide an official document confirming that he / she has resigned, but the statement of Ms. Having never been a citizen of a country other than Australia meant she didn’t have to.
According to the AEC, under Article 44, candidate candidates may be disqualified if they are “under any recognition” of loyalty, obedience or adherence to a foreign power.
They may also be disqualified if they are “subjects or citizens or with rights or privileges of a subject or citizen of a foreign power.”
In 2018, the High Court ruled that ACT Senator Katy Gallagher was an ineligible candidate because she did not relinquish her British citizenship when she was nominated to the Senate before the 2016 election.
Ms Gallagher was remanded to the High Court after questions arose, but maintained that she had taken all reasonable steps to relinquish her status as an alien.
The court ruled that it was not enough for the candidates to argue that they had taken all reasonable steps if a foreign state had not legally assumed the waiver.
Fairfield Mayor Frank Carbone campaigned alongside Ms. Le and dismissed allegations previously made by foreign nationals.
“She’s not a Vietnamese citizen, she’s never been a citizen, she found out, this is just someone who gets a little excited, they’ll all end up with an egg in their face,” Carbone told The Australian. .
“She doesn’t have to explain this to anyone. If anyone wants to take her to court, they should take her to court.”
The possible violation of Article 44 of the constitution would only be examined if it was challenged by the Labor Party or if Ms. He was referred to the High Court.
A decision will be made against Ms. Le as to whether she had officially renounced her Vietnamese citizenship under Vietnamese law.
Mrs. Le is the first non-Labor member to win the Fowler seat since its inception in 1984, registering 16.3 percent away from the party.
The Labor Party has been criticized for parachuting Mrs Keneally into the West Sydney seat from the rich northern beaches after retired MP Chris Hayes had backed Vietnamese Australian lawyer Tu Le.
Skynews.com.au contacted Ms. Le, but no response was received at the time of publication.