Australian senator who denied knowing about Canadian citizenship makes suspicious, Canadian-like apology – The Beaverton

A funny, satirical take – sorry for sharing:

An Australian senator who announced her resignation after discovering her dual-citizenship has made a very suspicious, Canadian-sounding apology.

Green MP claimed that she was unaware that she was still a Canadian citizen, but issued two apologies in one statement along with some very nice compliments about the constituents she has served.

“I am deeply sorry for the impact that it will have,” said the Winnipeg-born Waters which raised many eyebrows among members of the press. “I apologise wholeheartedly to all those who have supported me and helped me to become a representative for the wonderful people of Queensland over the last six years.”

The politician known around the world for being the first woman to breastfeed in Australia’s Parliament has simultaneously renounced and reaffirmed her Canadian roots with the statement.

“If she actually didn’t know she was Canadian and didn’t intend to deceive anyone and violate section 44 of the constitution, she wouldn’t need to apologize,” explained Australian Broadcasting Corporation’s political analyst Louise Yaxley. “And saying you’re sorry for little or no reason is a very Canadian thing to do.”

In addition to her apologies, Waters continued to deny that she had any knowledge about her foreign identity despite being a strong supporter public health care, 52-week paternity leave, and asserting a smug superiority when compared to Americans.

At press time, Waters had already apologized for apologizing too much.

Source: Australian senator who denied knowing about Canadian citizenship makes suspicious, Canadian-like apology – The Beaverton

Switzerland puzzles over citizenship test after lifelong resident fails | The Guardian

Almost a parody:

Should foreign residents have to know how to recycle waste oil before they can apply for citizenship? Are people who shop at local corner shops more deserving citizens than those who frequent supermarkets? And what kind of sport is “hornussing”?

These are just some of the questions Switzerland is puzzling over after a 25-year-old failed the notoriously tough Swiss citizenship requirements – even though she has lived in the country all her life, speaks fluently in the local dialect and had passed the written part of the exam with full marks.

Funda Yilmaz, who was born in Switzerland to Turkish parents and works as a draughtswoman in the town of Aarau, applied for citizenship after her Swiss fiancee had suggested that she should take a more active part in the referendums that make up the country’s unusual mix of direct and representative democracy.

“I was born here. I don’t know any other life,” she told a panel of six examiners at the interview which follows the written test. “I don’t have plans to emigrate either.”

Yet after two rounds of interviews and more than 100 questions, a jury of local councillors from the municipality of Buchs rejected Yilmaz’s application by 20 votes to 12, reasoning that she “lives in a small world and shows no interest in entering a dialogue with Switzerland and its population” – a verdict many have questioned after weekly news magazine Schweizer Illustrierte published a transcript of the interview.

The jury criticised Yilmaz for displaying “gaps” in her knowledge of the municipal recycling system and for not being able to name any local shops other than chain supermarkets such as Aldi.

Another complaint centred around her unfamiliarity with “typical Swiss sports”, such as Hornussen, an indigenous cross between baseball and golf, or Schwingen, a style of folk wrestling. Yilmaz had named skiing as a typical Swiss sport. “One could have a very long debate about what is typical and traditional,” she wrote in a letter complaining about her rejection.

Asked in the interview about her views of the Turkish president, Recep Tayyip Erdoğan, Yilmaz had replied: “He is becoming more and more of a dictator.” In her letter, she added: “I was asked whether my parents found it difficult to accept my partner, who is not Turkish. My family is open and moreover I am not a practising Muslim. I have never visited in a mosque in my life, but have several times been to a church.”

Other questions chosen by the jury included “Do you like hiking?”, “Would you rather visit Geneva or the region around Lake Geneva?” and “What kind of fitness training do you do?”

Since the case emerged, there have been several calls for a reform of the naturalisation process, which is decided by municipal juries comprised of local residents rather than a centralised agency. “The arbitrary nature of the official process has rarely been so visibly on display,” wrote the Tagesanzeigernewspaper.

A number of cases have drawn attention to the arbitrary nature of the Swiss naturalisation process in recent months. In January this year a Dutch woman had her application turned down for a second time because local residents objected to her campaign against cowbells. And in May 2016, a Kosovan family who were long-term residents of the canton of Basel-Country had their application for citizenship opposed by the residents’ committee, in part because they wore jogging bottoms around town.

Presidential Election Integrity Commission in Voting History | Time.com

Nice history lesson:

After months of President Donald Trump alleging that he lost the popular vote in the 2016 presidential election because millions of people — including undocumented immigrants — voted illegally, his Presidential Advisory Commission on Election Integrity will meet for the first time on Wednesday with the mission of investigating “improper voter registrations and improper voting, including fraudulent voter registrations and fraudulent voting.”

While there is no data to back up Trump’s claim, and in fact studies have found few documented cases of voter impersonation fraud in recent years, the president’s argument about immigrants is an old one.

In fact, it’s “eerily reminiscent” of voter-fraud claims made during the periods of heavy immigration to the U.S. more than a century ago, says Ron Hayduk, a political scientist at San Francisco State University.

In the early United States, the immigrant vote had not been such a concern. Though American fear of foreign enemies is as old as the nation, as demonstrated by examples like the anti-French Alien and Sedition Acts of the late 18th century, enthusiasm for the country’s brand-new democratic principles was given even greater weight in those early decades. Hayduk’s research found that at various points between 1776 and 1926, “40 states and federal territories permitted non-citizens to vote in local, state and even federal elections,” and that non-citizens were able to hold public office at various points. After all, in the mid-19th century, one just had to be a white, male property-owner to vote, and so-called “alien suffrage” (granting the right to vote to non-citizens) was seen as a way to lure foreign laborers — white, male ones — to help settle the frontier.

Before the Civil War, Southern states were initially resistant to alien suffrage, given that many immigrants were abolitionists; the 1861 Confederate Constitution mandated a prohibition on voting by persons of “foreign birth.” But the region eventually relented after slavery was abolished, as the South needed as much cheap labor as it could get.

In 1880s and 1890s, however, the state of immigration began to change.

American cities experienced an influx of new immigrants in the period that followed: people from Southern and Eastern Europe who were not considered white enough at the time, people from Asia who were drawn across the Pacific by the Gold Rush, and people who were Jewish (a population that jumped from 80,000 in 1880 to 1.75 million in total by 1925 in New York City). And the numbers were huge: One U.S. Census report states that 23.5 million persons immigrated legally to the U.S. between 1880 and 1920. Many of these new residents became members of political machines like New York City’s Tammany Hall, which retained loyalty by providing services like job placement and clothing but were associated with corruption. “If you’ve ever heard the phrase ‘vote early and often,’ it’s a reference to multiple voting, and there are stories in the newspapers in the 19th century of partisans gathering a group of men, bringing them to a polling station, having them vote, buying them a whiskey, and then bringing them to another polling station,” says Margaret Groarke, associate professor of Government at Manhattan College and co-author of Keeping Down the Black Vote: Race and the Demobilization of the American Voter.

Because of the popular association between these new and different immigrants, who were already subject to discrimination, and organizations that were responsible for a lack of trust in the vote, many people changed their minds about whether alien suffrage was such a good idea.

A 1902 editorial in the Washington Post argued that a “marked and increasing deterioration in the quality of immigration” was leading to a need to keep those immigrants from voting (and to make it harder for them to become citizens). “Men who are no more fit to be trusted with the ballot than babies are to be furnished with friction matches for playthings are coming in by the hundred thousand,” the article asserted.

By 1900, only 11 states allowed non-citizen immigrants to vote, according to Hayduk.

And, as laws about alien suffrage changed, the narrative of the illegal immigrant vote emerged — as did steps meant to prevent that problem. It was not unusual for even immigrants who had already become citizens to be asked to unexpectedly show their naturalization papers, documents that many of them weren’t carrying around, before they could vote. (More infamously, similar methods, like literacy tests, were also used to disenfranchise black voters.) Some were told they could only register to vote at the county office. Most of those offices were only open during the day, effectively making it impossible for many poorer immigrants to do so, as a working-class day could easily be 12 hours long at that point. Some areas instituted residency requirements, requiring a voter to have resided in the same place for three to six months.

Measures designed to curb immigrant voting were one of several factors that marked the beginning of a decline in voter participation during the early 20th century, as the added difficulties of voting — both legally and illegally — kept voters away, as Hayduk explains in his book Democracy for All: Restoring Immigrant Voting Rights in the U.S.

Then, as now, Groarke says, there was “real debate about how much truth there was to the allegations of fraud” and whether the safeguards worked or did more harm. “We don’t have adequate evidence to understand what the extent of fraud then was,” she says, “and there was a realization by some people that those changes would lead to some legitimate voters not being able to vote.”

Source: Presidential Election Integrity Commission in Voting History | Time.com

Dutch nationals taking UK citizenship ‘will lose Netherlands passports’| The Guardian

Will be interesting to see how this issue continues to play out during Brexit negotiations and in domestic political debates. EU divorce is messy.

Dual nationality generally reflects a more pragmatic view of citizenship, recognizing the mobility and economic benefits, but risks maintaining substantive connections:

Dutch nationals who take British citizenship to avoid having to leave the UK after Brexit will be stripped of their Netherlands passports due to existing limits on dual nationality, the Dutch prime minister has said.

About 100,000 Dutch nationals living in Britain face an uncertain future after March 2019. The UK and EU are yet to reconcile their differences on the citizens’ rights issue, with Brussels describing the British government’s initial offer as vague and inadequate.

Mark Rutte told Dutch citizens in the UK who have considered becoming British to avoid residency problems once Britain leaves the EU that applying for dual nationality was not an option.

“Countering dual nationality remains one of this cabinet’s policies,” the prime minister said on Monday, in response to a petition with 22,000 signatures calling for a government rethink.

“This is because having a nationality is always associated with an actual link to a certain country. If at some point there is a question of a connection to the Netherlands or if the link to another country has become stronger than that with the Netherlands, Dutch nationality will end.”

Rutte made his intervention after the launch of an information campaign to advise citizens that they would be required to renounce their original nationality should they seek to become British.

The Dutch government has told its citizens that if they “have more than one nationality, it is not always clear what your rights are”.

The Dutch security and justice ministry website says: “For instance, your country of origin may require you to do compulsory military service. The Dutch government wants to limit dual nationality as much as possible.

“If you have only one nationality, it will be clear what your rights are. That is why people who want to acquire Dutch nationality through naturalisation are, as a rule, required to give up their other nationality if possible. This is called the renunciation requirement.”

Negotiating teams led by the Brexit secretary, David Davis, and the EU’s chief Brexit negotiator, Michel Barnier, are meeting in Brussels this week to try to come to an agreement on the rights of citizens, along with issues relating to the UK’s divorce bill and the Irish border.

Source: Dutch nationals taking UK citizenship ‘will lose Netherlands passports’ | World news | The Guardian

NZ Auditor-General won’t investigate Thiel citizenship | Otago Daily Times

While appears to be the correct decision given the broad authority granted to the minister, the bad smell will not go away:

The Auditor-General will not be conducting an inquiry into the decision to grant citizenship to San Francisco-based billionaire investor Peter Thiel, said deputy controller and Auditor-General Greg Schollum in response to a request from Green Party MP Denise Roche.

Ms Roche called on the Auditor-General to look into the decision after it came to light that in June 2011 then Minister of Internal Affairs Nathan Guy, approved Mr Thiel’s application for citizenship under the “exceptional circumstances” provisions of the Citizenship Act.

According to Mr Schollum, the provisions allow the minister to grant citizenship to someone who may not satisfy the normal criteria for citizenship, but where granting citizenship “would be in the public interest because of exceptional circumstances of a humanitarian or other nature relating to the applicant”.

He noted act gives the minister “broad discretion” and the section does not specify what these terms mean or how the minister’s discretion should be exercised. “This means the legislation allows for considerable flexibility on a case-by-case basis,” he said.

He said the issues largely come down to policy questions – for example, whether the legislation strikes the right balance for citizen decisions – or legal questions such as whether the provisions were applied correctly. “These are not questions that the Auditor-General generally has authority to answer,” Mr Schollum said.

Mr Thiel is a member of US President Donald Trump’s transition team, having donated to his campaign, and is a long-time libertarian who has in the past invested in the exploration of seasteading, the development of a floating city in international waters which could serve as a politically autonomous settlement.

Source: Auditor-General won’t investigate Thiel citizenship | Otago Daily Times Online News

Australian senator steps down because of dual Canadian citizenship

While a rule against dual citizenship for elected officials can be justified, this case highlights the absurdity of its formal application given that she left Canada when she was less than a year old and was caught by a Canadian rule change.

She does, of course, have the option of renouncing her Canadian citizenship but the process takes some time (don’t know how long but, if the example of Texas senator Ted Cruz is any indication, more than a few months).

Surprising, however, that she did not indicate her intent to renounce:

An Australian senator has been forced to step down because she is a dual citizen of Australia and Canada.

The Australian constitution disqualifies potential candidates from seeking election if they hold dual or plural citizenship.

Larissa Waters, who was also the deputy leader of the Green party, told a news conference Monday that was only found out about her status on Monday with “great shock and sadness.”

Waters was born to Australian parents in 1977 while they were studying and working in Winnipeg.

She left Canada as an 11-month-old baby and said she always believed she was just Australian.

Water said she also didn’t know she had to renounce the Canadian citizenship that was bestowed upon her at birth.

“I had not renounced since I was unaware that I was a dual citizen. Obviously this is something that I should have sought advice on when I first nominated for the Senate in 2007,” said Waters in a statement.

“I take full responsibility for this grave mistake and oversight. I am deeply sorry for the impact that it will have.”

Waters said she only discovered her status on Monday after seeking legal advice in the wake of fellow Green party member Scott Ludlam having to step down because he holds dual citizenship with New Zealand.

Waters said she was “devastated” to learn she was a Canadian citizen and has resigned from office “with a heavy heart.”

“I have lived my life thinking that as a baby I was naturalized to be Australian and only Australian, and my parents told me that I had until age 21 to actively seek Canadian citizenship,” said Waters.

“At 21, I chose not to seek dual citizenship, and I have never even visited Canada since leaving at 11 months old.”

Waters made international headlines earlier this year when she became the first woman to breastfeed her daughter, Alia, on the floor of the Australian Parliament.

Australian media reports say Waters was seen by some as a future leader of the Green party.

Source: Australian senator steps down because of dual Canadian citizenship – The Globe and Mail

Synod slams high cost of British Citizenship – Migrants’ Rights Network

Could not agree more. Same issue (but to lesser extent) in Canada given five-fold increase in adult processing fee from $100 to $530 2014-15:

The cost of applying for citizenship in the UK is too high, unfair, and risks undoing the work of integration, General Synod was told at the annual gathering of the Church of England’s top decision-making body.

The Synod debate highlighted the issues faced by those with indefinite leave to remain in the UK who face a prohibitive cost – currently £1,282 for each adult – to apply for citizenship. Those who do not apply for citizenship but have indefinite leave to remain cannot vote in elections, have more limited travel options and cannot take up their full civic responsibilities, despite paying tax.

A motion, passed unanimously by Synod, asks the Archbishops’ Council to make recommendations to the Government on the issue, and encourages bishops in the House of Lords to address the issue in debates.

Ben Franks, the member of the House of Laity who initiated the debate, sad “Many of those who are eligible to apply for citizenship are working in the low-pay sectors of our economy due to their uncertain status making well paid employment more difficult. Many people save over years to pay for their applications, there are also those whose difficult situation leads them to go into long-term, high-interest debt from unscrupulous lenders to do so.”

Source: Synod slams high cost of British Citizenship – Migrants’ Rights Network

Australian senator quits over New Zealand dual citizenship – BBC News

May explain in part relatively low levels of diversity among Australian politicians although I suspect other factors more important:

An Australian senator has resigned after realising he holds dual citizenship, meaning his nine-year parliamentary career most likely breached the nation’s constitution.

Scott Ludlam, from the minor Greens party, said he only learned of his New Zealand citizenship last week.

Under Australia’s constitution, a person cannot run for federal office if they hold dual or plural citizenship.

Mr Ludlam had been told his eligibility would be challenged in court.

The senator, who was also Greens co-deputy leader, apologised for what he called an “avoidable oversight”.

Source: Australian senator quits over New Zealand dual citizenship – BBC News

Federal Court voids Canadian citizenship revocation for 312 people

A second decision that reflects poorly on the Conservative government’s C-24 expedited revocation provisions (and that implements the earlier Federal Court decision – Canada can’t strip your citizenship without a trial, court rules – VICE News). It is, of course, part of a pattern where their policies and legislation were routinely ruled against by the courts.

One would hope that the policy and legal advice given to the government at the time highlighted the likely risk of adverse rulings.

Given the Conservative track record, their assertions regarding contesting the Khadr lawsuit should be taken with a grain of salt:

The Federal Court has nullified government attempts to strip Canadian citizenship from more than 300 people after an earlier judgment struck down key provisions of the Citizenship Act introduced by the former Conservative government under Stephen Harper.

The earlier ruling, in May, declared those provisions inoperative because they were an expedited process that deprived individuals of the right to an oral hearing and did not take into account humanitarian and compassionate considerations.

As a result, in a decision on Monday, Justice Russel Zinn voided the citizenship revocation of 312 individuals who had turned to the court after they were targeted in a sweep against people who had obtained their Canadian nationality through fraud.

Another 14 similar court requests, which had not been filed in a timely manner, can apply for a deadline extension, Justice Zinn ruled.

“It’s another judicial loss for the policies of the previous government,” Montreal lawyer Vincent Valaï, who represented some of the people in the case, said in an interview.

He noted that the Conservative government liked to say that obtaining Canadian citizenship is a privilege, not a right. However, the ruling in May said that once acquired, citizenship is a right.

“And because it is a right, you have to respect procedure fairness before revoking citizenship. That means the right to a hearing before an impartial judge,” Mr. Valaï said.

Another lawyer involved in the case, Matthew Jeffery, called the provisions in the law a “deeply flawed process.”

The government could start the revocation process against those people all over again but it would first have to rewrite the law to conform with the court rulings, Mr. Jeffery said.

The number of revocation cases began ballooning when Jason Kenney, who was immigration and citizenship minister in the Harper government, announced in 2012 that his department would cancel the citizenship of more than 3,000 people, in a crackdown against those who had faked the amount of time they have spent in Canada.

In February, 2014, the Harper government amended the Citizenship Act to fast-track the revocation process in what it called “non-complex” cases. It meant eliminating the right to a hearing for individuals when their citizenship had been obtained by fraud.

Several of the cases involved clients of Nizar Zakka, a Montreal immigration consultant who created a system to hide the fact that the clients were not residing in Canada for the required two-year minimum within a five-year span.

Faced with hundreds of applicants challenging their citizenship revocation, the Federal Court started with a review of eight lead cases while the other cases were held in suspension.

Last May, Justice Jocelyne Gagné ruled on the eight lead cases, striking down the new provisions for an expedited revocation process.

“They deprive the applicants of the right to a fair hearing in accordance with the principles of fundamental justice,” Justice Gagné wrote.

In one case that she highlighted, the government tried to revoke the citizenship of Fiji-born Thomas Gucake, who had come to Canada as a child and later served three tours in Afghanistan with the Princess Patricia’s Canadian Light Infantry regiment.

In 2015, Mr. Gucake received a notice of citizenship revocation because his father had failed to disclose a minor criminal conviction in Australia.

The current government has since amended the Act so that, by next year, the Federal Court would be the decision-maker in citizenship revocation cases.

Source: Federal Court voids Canadian citizenship revocation for 312 people – The Globe and Mail

Citizenship For Military Service Program Under Fire : NPR

The Conservative government introduced a comparable provision in C-24 (residency requirements were waived for military personnel who had served three years with an honourable release):

A debate has broken out at the Pentagon and in Congress over a proposal to dismantle an 8-year-old program that gives fast-track citizenship to immigrant soldiers who were recruited because they have critical skills in languages and medicine.

More than 4,000 immigrant soldiers recruited through the program — mostly from China and South Korea — are serving in uniform, including on overseas tours. Another 4,000 recruits have enlisted and are awaiting training.

The program is known as MAVNI, for Military Accessions Vital to the National Interest. It was frozen last year amid security concerns about inadequate vetting of the recruits.

Pentagon and national intelligence officials say the recruits could have connections to foreign intelligence services or become insider threats, according to an internal memo obtained by NPR. The officials also said it would be both expensive and time-consuming to investigate these recruits more carefully.

Those officials are now proposing additional scrutiny of soldiers already serving and dropping those who have not yet shipped to basic training or been assigned a military unit. Some could be deported because their visas have expired.

A Pentagon spokesman, Johnny Michael, would not comment on the memo or the program.

Win-win or security risk?

The proposal has stoked a debate over how to balance national security concerns with the need for specialized skills and how to keep faith with recruits who pledged to serve their adopted country.

Several Defense Department officials, speaking on the condition of anonymity because they had not been authorized to discuss the program publicly, said mismanagement has been a problem.

In some cases, the officials said, the military didn’t use the MAVNI recruits effectively because they weren’t placed in jobs in which they used their language skills. And some recruits have been investigated for suspected ties to foreign spy agencies, one official said.

By some metrics, the program — which grants citizenship in exchange for eight years of honorable military service — has been successful.

According to a Pentagon breakdown, soldiers recruited through the program have educational levels that exceed the Army average, and their re-enlistment rates are higher than soldiers who are already citizens.

Most of the recruits with foreign language skills speak Chinese and Korean. The rest speak about three dozen other languages, ranging from Arabic and Thai to Indonesian, Turkish and Swahili.

The program also helps fill the medical ranks. About two-thirds of dentists in the Army Reserve are part of the MAVNI program. Others serve as nurses or hold other jobs in the Army Medical Corps.

One-third of the recruits have been in the United States for at least three or four years, according to the Pentagon’s breakdown, with one-quarter living in the U.S. for more than seven years.

One of those recruits is Jeevan Pendli, 34, who came to the U.S. from India on a student visa, earning a master’s degree from Carnegie-Mellon University. He stayed on a visa for tech workers and co-founded a company that helps people with chronic illnesses manage their health.

And last year he decided to join the Army, inspired after running the Marine Corps Marathon and seeing competitors in wheelchairs and using prosthetics.

“Things seemed fine when we signed and did the oath in May,” Pendli told NPR, “and it just fizzled out in a couple of weeks or months.”

Like some 2,000 other MAVNI recruits, Pendli is still waiting to be shipped to basic training.

That long wait is more than just an annoyance. If a recruit doesn’t make it to Army basic training by 730 days after signing a contract, the recruit “times out” and is kicked out before serving. Hundreds will reach that deadline by the end of the year. And each month after that hundreds more will “time out.”

No consensus in Congress

“Military recruits in the MAVNI program should not have to wonder whether the United States will honor the contract they signed,” wrote Sen. Mark Warner, D-Va., in a letter to Defense Secretary James Mattis.

“If we fail to hold up the contracts we made with MAVNI applicants, this will not only have a significantly deleterious effect on recruiting, it will also be met with a strong, swift Congressional reaction.”

But other lawmakers say there are legitimate concerns.

“Even with the MAVNI program, where it’s supposed to meet some of the vital national interests, the program has been replete with problems to include foreign infiltration, so much so that the Department of Defense is seeking to suspend the program due to those concerns,” said Rep. Steve Russell, R-Okla., a retired Army officer, during a recent hearing on the defense policy bill.

“And I can’t really discuss some of that here in this setting, but there are some major issues when it comes to vetting,” said Russell, who serves on the Armed Services Committee.

In the next few weeks, Mattis is expected to receive final recommendations from Pentagon personnel and intelligence officials about the way ahead.

Source: Citizenship For Military Service Program Under Fire : NPR