Kiefel CJ
Bell J
Gageler J
Keane J
Nettle J
Gordon J
Edelman J
32.
The Hon Barnaby Joyce MP
Mr Joyce MP nominated for election to the House of Representatives as the member for the electorate of New England on 2 June 2016. His election as the member for New England in the general election for the Parliament held on 2 July 2016 was declared on 15 July 2016. In issue is whether Mr Joyce MP was incapable of being chosen as a member of the House of Representatives by reason of being a citizen of New Zealand.
Mr Joyce MP was born in April 1967 at Tamworth Base Hospital, Tamworth, New South Wales. His father was born in Dunedin, New Zealand in 1924. His mother was born in Gundagai, New South Wales in 1930. Mr Joyce MP's father came to Australia in 1947, and undertook studies in veterinary science at the University of Sydney. While at the University of Sydney, Mr Joyce MP's father met his mother and they were married in April 1956. Mr Joyce Snr was naturalised as an Australian citizen in 1978. At that time, he also renounced his New Zealand citizenship. Mr Joyce MP has always known that his father was born in New Zealand. He understood that his father had become an Australian citizen in 1978 and was solely an Australian citizen.
Mr Joyce MP grew up on a property outside Tamworth, New South Wales. He was educated at schools in New South Wales and at the University of New England, Armidale. He was a member of the Australian Army Reserve between October 1996 and September 2001. He was elected as a senator for Queensland in 2004. In 2013 he resigned from the Senate and was elected to the House of Representatives as the member for the electorate of New England at the federal election held that year. When Mr Joyce MP nominated for election to the Senate in 2004, he completed a form which referred to s 44(i) of the Constitution. His belief at that time and at the time of nominating for election at the general election held on 2 July 2016 was that s 44(i) had no application to him because he was a citizen of Australia only.
In late July 2017, Mr Joyce MP's office received inquiries from the media asking if he was a dual citizen of Australia and New Zealand. Mr Joyce MP had not been aware of the possibility that he held dual citizenship before these inquiries came to his attention. Mr Joyce MP has never applied to become a New Zealand citizen. He has not sought or accepted any privileges as a citizen of New Zealand.
