9.
that it could not be concluded that in Sykes v Cleary Mr Kardamitsis had taken reasonable steps to divest himself of his foreign citizenship. The fact that he had expressly renounced his foreign allegiance in the course of a naturalisation ceremony was not sufficient[1].
30 Contrary to a submission made by Senator Gallagher, the "test" for the engagement of the constitutional imperative is not contained in the second sentence of the passage from Re Canavan set out above. It is not sufficient that a person in her position has taken all steps reasonably required by the foreign law which are within her or his power for the exception to s 44(i) to apply. The exception stated in Re Canavan[2] requires for its operation that a foreign law operate in the way described. The "foreign law" referred to in the second sentence is the same body of law which operates to irremediably prevent the person's participation, as described in the preceding sentence.
31 Both of the circumstances referred to in the passage from Re Canavan must be present for the exception to apply. It will not be sufficient that a foreign law operates in the way described. It is necessary in every case that all steps reasonably required which are able to be taken towards renunciation are taken. We do not understand Senator Gallagher to submit to the contrary.
32 It may be added, for completeness, that all steps must be taken even though the foreign law will in any event operate to prevent renunciation being effected. The reason for such a requirement lies in the concerns of s 44(i) about a person's duty or allegiance to the foreign power. In Sykes v Cleary[3], in a passage quoted in Re Canavan[4], Brennan J explained that so long as the duty remained under foreign law it may be seen as an impediment to unqualified allegiance to Australia. It is therefore only after all reasonable steps have been taken under foreign law to renounce the status, and with it the duty, of foreign citizenship that it is possible to say that the purpose of s 44(i) would not be fulfilled by recognition of the foreign law. To this may be added, consistently with the objective approach applied in Re Canavan, that it is not until it is manifest that a
