Braddon Labor MHR Justine Keay on Wednesday emotionally expressed to Parliament the toll months of uncertainty around her eligibility to serve as a federal parliamentarian had taken on her and her family.
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The Burnie-based politician resigned during a speech in the House of Representatives following the finding of a High Court case on the eligibility of her Senate colleague Katy Gallagher to sit in Parliament.
Senator Gallagher was found to be unable to hold her seat under section 44 of the Constitution due to her dual-citizenship status by descent at the time of her election to Parliament.
She had attempted to argue she had taken all reasonable steps to renounce the status, even though the UK Home Office did not register her renunciation until August – well after the 2016 election in July.
The case strongly resembled Ms Keay’s situation.
She held British citizenship in 2016 and she began the renunciation process in May of that year.
Ms Keay has previously said the UK Home Office formally received the documents by May 31.
She was elected on July 2 but claimed, on social media, she did not receive the official Declaration of Renunciation notice until July 11.
In officially resigning in Parliament, Ms Keay said she was a proud seventh-generation Tasmanian.
"The citizenship issue has been a difficult time for my family, friends, supporters, staff and, of course, myself,” she said.
"It's been a character-building experience but I can hold my head high in being upfront and honest with my electorate.”
Ms Keay said she had received legal advice prior to her election to Parliament that said she had satisfied requirements under the Constitution.
"Today, the High Court has set a new precedent, a new rule, and I respect this rule without qualification," she said.
Constitutional law expert Brendan Gogarty said Britain had a clear and precise procedure for renunciation.
“Yes, it takes time and might mean that if you don’t get an answer back before the nomination date you can’t stand,” he said.
“That is really a question of timing for the candidate, not a true impediment to renouncing your citizenship.”
He said Senator Gallagher had argued that she had taken reasonable steps to renounce under citizenship before her nomination and everything that occurred thereafter under British law which prevented her nomination was to be regarded as an irremediable impediment.
“The High Court said that this argument finds no support in the law and had to be rejected,” Dr Gogarty said.
Tasmanian Liberal Senator Eric Abetz said he had called on Ms Keay to resign in October when his Liberal colleague Stephen Parry was exposed as a dual citizen by descent.
Ms Keay’s resignation from Parliament will spark a by-election in the state’s North-West.
She said she would nominate for pre-selection to contest the by-election that would be sparked by her resignation.
In Parliament, Ms Keay referred to her maiden speech in 2016 where she called her electorate's community "a resilient lot".
"We come together in challenging times, we are generous of spirit and we are always willing to pitch in and help one another," she said.
Ms Keay said the plight of pensioners and the working class from her region convinced her she needed to stand for election and bring another progressive voice to Canberra.
"I want to make it clear to my community … that I am not done fighting on behalf of those who sent me here," she said.
Liberal Party state president Geoff Page said a Liberal candidate for the imminent Braddon by-election would be announced soon.
“By-elections are always difficult for governments,” he said.
“Braddon is, however, Tasmania’s most marginal electorate and we believe the Liberal Party can win it.”
There is speculation Brett Whiteley may be interested in seeking pre-selection for the seat he lost to Ms Keay in 2016.
He did not return calls made by Fairfax Tasmania on Wednesday.
Jacqui Lambie Network spokesman Glynn Williams said the party's leader would not be standing as a candidate in the by-election.
"Jacqui knows in her heart of hearts that the place for her to fight for Tasmanians and to promote all the causes dear to her supporters is in the Senate," he said.