Abetz: a further update

John Hawkins
Will the real Abetz please stand up and produce the letter of renunciation and its acceptance by the German authorities or resign from the Australian Parliament.
The Australian Electoral Commission (AEC) in its Electoral Backgrounder No. 19 published in September 2004 gives the following advice on pages 4 and 5 under Information for Dual/Plural Citizens…. “Germany. German citizenship may be renounced with the approval of the Ministry of Interior. Persons should contact the Embassy of Germany in Canberra.”

It is of interest that this Backgrounder has been subsequently revised in October 2007. The new revised version drops all reference to German Citizenship, the citizenship laws have not changed, so I ask who authorised this removal and why?

An Eric Abetz was a participating Member of the Senate Legal and Constitutional Affairs Committee on the subject of Citizenship between 2004 and 2007. A submission by the Australian Democrat, Senator Bartlett, relating to the Committee’s reports in 2006 under Dual Citizenship states “I believe it is becoming more and more urgent that an effort is made to make the necessary change to our Constitution that prohibits dual citizens from running for Parliament”…. I suggest that the problem Abetz may have is common knowledge amongst our Politicians.

It is important to note that migrants who took the oath of allegiance before the renunciation phrase was removed from the oath in 1986 may have imagined that they had legally renounced and repudiated the citizenship of their country of origin, in fact, this renunciation may not have legal status. This is why the reference to German citizenship, now removed from the Electoral Backgrounder No. 19 of 2007 is so important. Further steps have to be taken if the renunciation is to be legally effective, namely a written letter of renunciation and its acceptance, but candidates for citizenship prior to 1986 were not told this. Al Grassby pointed this out in 1973 but the issue became clear in the High Court Judgment of Sykes V Cleary and others in 1992.

It is in this context that Abetz’s situation has to be viewed, especially as he stands elected as a non existent person, Erich Abetz is the person granted Australian Citizenship. An Eric Abetz has been elected, a person who has no known place of birth or date of birth according to the nomination forms of 1998 and 2004, both submitted and signed by an Eric Abetz, who is believed to have been a barrister and solicitor in Hobart.

Will the real Abetz please stand up and produce the letter of renunciation and its acceptance by the German authorities or resign from the Australian Parliament.

cc: President of the Senate
cc: Clerk of the Senate