Australia's dual citizenship saga continues to claim victims, with the High Court on May 9 finding former senator Katy Gallagher – a British-Australian dual citizen at the time nominations closed for the 2016 election - ineligible to sit in parliament.
Professor Orr's claim checks out. The Australian Constitution does not prevent dual citizens from sitting as High Court judges. Under the constitution, justices of the High Court are appointed by the governor-general in council, effectively the government of the day. The sole constitutional restriction is that a justice has to retire when they turn 70, and cannot be appointed if they are 70 or over. A Commonwealth law – the High Court Act 1979 – adds that to be eligible for appointment, a justice has to have been a judge of a Commonwealth, state or territory court (other than the Local Court of the Northern Territory) or an Australian barrister or solicitor for at least five years. The prohibition on dual citizenship for federal politicians could be seen as a unique aspect of the Australian system. Dual citizens are able to sit in state and territory parliaments, subject to some exceptions for people who obtain foreign citizenship while in parliament.
Fact check: Can High Court justices be dual citizens?
['Australia', 'Katy_Gallagher']