4.
11 In Re Canavan[1] this Court accepted that s 44(i) is subject to an implicit qualification which arises from the constitutional imperative underlying it. The constitutional imperative was stated to be "that an Australian citizen not be irremediably prevented by foreign law from participation in representative government"[2]. At least this could be so when the person has taken all steps reasonably required by foreign law to renounce his or her foreign citizenship[3].
12 No person the subject of the references in Re Canavan was subject to a foreign law which had the effect that the person would have been "irremediably incapable of being elected". It is Senator Gallagher's contention that British law should be taken to have operated in this way when she sought to renounce her British citizenship and that the constitutional imperative referred to in Re Canavan is engaged.
British law relating to renunciation
13 Senator Gallagher acquired the status of a Citizen of the United Kingdom and Colonies ("CUKC") by descent at her birth by reason of s 5 of the British Nationality Act 1948 (UK). Her father was born in England and was a British subject. She acquired the right of abode in the United Kingdom on the commencement of the Immigration Act 1971 (UK). In 1983 persons who were CUKCs having a right of abode were reclassified as British citizens under s 11(1) of the British Nationality Act 1981 (UK).
14 Section 12(1) of the British Nationality Act 1981 provides that if a citizen makes a declaration of renunciation of British citizenship in the prescribed manner then, subject to further provisions not presently relevant, the Secretary of State shall cause the declaration to be registered. By sub-s (2), a person ceases to be a British citizen on registration of the declaration.
15 The British Nationality (General) Regulations 2003 (UK) require a declaration of renunciation of British citizenship to be made to the Secretary of
