Australia: Matt Canavan quits cabinet over Italian dual citizenship | The Guardian

Yet another dual citizen discovered in Australia. Like the other cases, the member in question wasn’t aware of his other nationality.

It is another example of the problem with C-24’s revocation provision for dual nationals convicted of terrorism (repealed under C-6), as it would have also applied to those with no knowledge of their dual citizenship or their potential to acquire:

The resources minister Matt Canavan has quit the cabinet because he is is a dual citizen of Italy.

Canavan’s resignation on Tuesday night follows the recent resignation of two Greens senators, Larissa Waters and Scott Ludlam, because of dual citizenships – a controversy that has triggered questions about the eligibility of many other Australian parliamentarians.

Canavan told reporters on Tuesday night his mother had applied for Italian citizenship on his behalf without his knowledge or consent when he was 25 years old, in January 2007.

He said he had “no suspicion” he was in possession of a dual citizenship until last week, when his mother “raised the possibility”. The Italian embassy subsequently confirmed he was a citizen of the country.

“I was not born in Italy, I have never been to Italy and to my knoweldge I have never set foot inside the Italian consulate or embassy,” Canavan said.

“I knew my mother had become an Australian citizen, but I had no knowledge that I myself had become an Italian citizen, nor did I request to become an Italian citizen”.

The attorney general, George Brandis, said preliminary legal advice to the commonwealth suggested there had been no breach of section 44 of the constitution in Canavan’s case.

Brandis told reporters given Canavan had no knowledge about his status as a dual citizen, and the “legal uncertainty” surrounding the issue, the government would refer the issue to the high court for deliberation.

Australia’s constitution bars dual citizens from eligibility for elected office, unless they can show they have taken reasonable steps to sever foreign ties.

Canavan said he was seeking advice about whether the registration of his Italian citizenship by his mother was valid under Italian law.

He said on the basis of the government’s legal advice, he would not quit politics or the parliament before the high court’s deliberations.

Source: Matt Canavan quits cabinet over Italian dual citizenship | Australia news | The Guardian

Respecting Indigenous treaties is mandatory in draft rewrite of citizenship guide

Look forward to seeing the final version and doing a detailed comparison with previous study guides. Clear shift, as expected, from the current Discover Canada:

Respecting treaties with Indigenous Peoples, paying taxes and filling out the census are listed as mandatory obligations of Canadian citizenship in a draft version of a new study guide for the citizenship exam.

The working copy obtained by The Canadian Press suggests the federal government has completely overhauled the book used by prospective Canadians to prepare for the test.

The current “Discover Canada” guide dates back to 2011 when the previous Conservative government did its own overhaul designed to provide more information on Canadian values and history.

Some of the Conservatives’ insertions attracted controversy, including increased detail about the War of 1812 and a warning that certain “barbaric cultural practices,” such as honour killings and female genital mutilation, are crimes in Canada.

Getting rid of both those elements was what former Liberal Immigration Minister John McCallum had in mind when he said early in 2016 that the book was up for a rewrite. But although work has been underway for over a year, there’s no date set for publication of a final version.

In the draft version, the reference to barbaric cultural practices is gone, as is the inclusion of getting a job as one of the responsibilities of citizenship.

Instead, the proposed new guide breaks down the responsibilities of citizenship into two categories: voluntary and mandatory.

Voluntary responsibilities are listed as respecting the human rights of others, understanding official bilingualism and participating in the political process.

Obeying the law, serving on a jury, paying taxes, filling out the census and respecting treaties with Indigenous Peoples are mandatory.

“Today, Canadians, for example, can own their own homes and buy land thanks to treaties that the government negotiated,” the draft version says. “Every Canadian has responsibilities under those treaties as well. They are agreements of honour.”

The draft guide delves extensively into the history and present-day lives of Indigenous Peoples, including multiple references to the Truth and Reconciliation Commission’s report on residential schools and a lengthy section on what happened at those schools. The current guide contains a single paragraph.

The draft also devotes substantive sections to sad chapters of Canadian history when the Chinese, South Asians, Jews and disabled Canadians were discriminated against, references that were absent or exceptionally limited previously.

The new version also documents the evolution of the rights of gay, lesbian, bisexual and transgender groups, as well as other sexual minorities. Bureaucrats had sought to include similar themes in the 2011 book but were overruled by then-immigration minister Jason Kenney, with their efforts reduced to a single line on gay marriage.

There’s also an entirely new section called “Quality of Life in Canada” that delves into the education system — including a pitch for people to save money for their children’s schooling — the history of medicare, descriptions of family life, leisure time, effects of the environment on Canadian arts and culture and even a paragraph seeking to explain Canadian humour.

Canadians like to make fun of themselves, the book notes.

“Humour and satire about the experience of Indigenous, racialized, refugee and immigration peoples and their experiences is growing in popularity,” the section says.

The rewrite is part of a much broader renewal of citizenship laws and process that is underway. In June, legislation passed that changed the age for those who need to pass the knowledge test for citizenship, among other things.

Briefing notes obtained separately from the draft copy show nearly every government department is being consulted for input into the guide. But the team inside the Immigration Department didn’t just look there.

They were also taking cues from Prime Minister Justin Trudeau, sharing copies of his remarks for themes to incorporate.

One of Trudeau’s often repeated mantras — “Canada has learned how to be strong not in spite of our differences, but because of them” — appears to be paraphrased directly in the opening section of the book: “Canadians have learned how to be strong because of our differences.”

The briefing notes say the guide is to be released to mark Canada’s 150th birthday but elsewhere note that production time is at least four months once a final version has been approved.

A spokesperson for the Immigration Department stressed the importance of the consultations that have gone into the new guide.

“While this may take more time, this broader approach will result in a final product that better reflects Canada’s diversity and Indigenous history, as recommended by the Truth and Reconciliation Commission,” Lindsay Wemp said in an email.

Source: Respecting Indigenous treaties is mandatory in draft rewrite of citizenship guide – The Globe and Mail

Iranian Lawmakers Aim To Scrap Discriminatory Citizenship Law

To watch:

A group of Iranian lawmakers are looking to scrap a longstanding law that denies citizenship and equal rights to Iranian children born to foreign fathers.

If approved by parliament, a recently drafted bill would overturn the discriminatory legislation and affect the lives of thousands of children abroad and inside Iran — especially Iranian children with fathers from the large community of Afghan refugees and migrants living in the Islamic republic.

Iranian rights activists have been campaigning for years to abolish the law, under which only Iranian men can pass their nationality to spouses or children.

For years, the citizenship of children born in marriages between Iranian women and Afghan refugees has been the driving force behind changing the law. To this point, such children are essentially stateless.

In recent days, the campaign to abolish the law was given an unexpected boost following the death of Maryam Mirzakhani, an award-winning Tehran-born mathematician who died of cancer in the United States on July 15. Mirzakhani’s only daughter, 6-year-old Anahita, has a Czech father and is thus ineligible for Iranian citizenship.

Iran’s semiofficial Fars news agency reported that a group of lawmakers made an official request on July 16 to expedite voting on the bill.

The agency claimed that Mirzakhani had asked in her will that Iranian nationality be granted to her daughter. RFERL could not independently verify that claim.

Reza Shiran told the pro-government Mashregh news outlet on July 17 that he was collecting signatures to introduce the bill on the assembly floor. He said he had collected 60 signatures in the 290-seat chamber.

He said the bill was intended to “grant citizenship to Mirzakhani’s daughter,” adding that “equal attention” should be brought to the status of children born to Iranian mothers and Afghan fathers.

His remarks came after the parliamentary cultural committee on July 11 approved the wording of the draft legislation, which would extend the granting of Iranian citizenship to the offspring of foreign fathers.

Before becoming law, the legislation needs to be approved by parliament and ratified by the Guardians Council, the powerful clerical body that must approve all proposed legislation.

Human rights groups have welcomed efforts to repeal the law as a step toward gender equality in Iran.

Human Rights Watch (HRW) researcher Tara Sepehri Far says the current law discriminates against women and denies equal rights to thousands of children in Iran.

“In the case of marriages between Iranian women and Afghan refugees, mostly undocumented refugees, it has left many children who are born and raised in Iran with no path to nationality, which affects their access to many other rights such as education, health care, and jobs,” Far says.

The United Nations estimates the number of Afghan citizens in Iran at just under 1 million, many of whom claim to face violence and injustice in the Islamic republic. Tehran puts the figure of documented and undocumented Afghan refugees and migrants closer to 3 million.

Source: Iranian Lawmakers Aim To Scrap Discriminatory Citizenship Law

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