FORMER member for New England Tony Windsor has weighed into Barnaby Joyce’s high court citizenship case as his eligibility to stand at the 2016 federal election comes under scrutiny.
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Mr Windsor made a submission to the High Court for permission to appear because he was the second-placed candidate in the contest for the seat of New England in 2016.
It is expected that the High Court, sitting as the court of disputed returns, would make a ruling if Mr Windsor has standing to appear during a directions hearing on Thursday.
Mr Windsor confirmed to The Leader a submission had been made to the court.
“A submission has been made on my behalf to the high court in relation to the citizenship issue and the seat of New England,” he said.
“If the court finds that he (Barnaby Joyce) was a non-citizen or ineligible to be a candidate, our submission would go to the issue of what happens then.
“One of the options the court could consider is a recount of the eligible candidates. There is probably a number of (options) that they can consider.”
Mr Windsor said he could not comment any further on the issue and it was before the court.
In response to a request for comment on Wednesday, a spokesman for Mr Joyce declined. “It is inappropriate to comment on the matter now that it is before the High Court. Mr Windsor is best placed to explain his own actions,” the spokesman said.
In a submission lodged with the High Court this week, Solicitor-General Stephen Donaghue, on behalf of Attorney-General George Brandis, admitted Mr Joyce had been a citizen of New Zealand.
Earlier this month Mr Joyce referred himself to the High Court earlier this month over his citizenship, which he has since renounced. The Nationals leader said he was unaware he had automatically received the citizenship through his father James.
Under section 44, part (i) of the Australian constitution, a person is disqualified from standing for parliament if they are "under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power". Prime Minister Malcolm Turnbull said he was "very confident" the High Court would find those caught up in the dual citizenship issue by reason of descent would not be disqualified.