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How do you know if you're a dual citizen or not?

drron

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But have since had their Hungarian citizenship reinstated including their children so he might have a problem. And spineless Malcolm needs to find a way out of this mess or else he is history.
And if he is found to be ineligible we become a laughing stock in the rest of the world.
 

OATEK

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But have since had their Hungarian citizenship reinstated including their children so he might have a problem. And spineless Malcolm needs to find a way out of this mess or else he is history.
As I understand it, Canavan was not found to be a citizen because he was not "Italian" by birth and there was no evidence that action had been taken to exercise an inherited right to apply for citizenship, which involves a an application with supporting evidence. Now I know that is not a legal opinion, just my interpretation. So I would expect the High Court to deal with the Frydenburg case similarly, even without considering the "stateless" angle, as he was not a Hungarian citizen at birth (during the cold war era) and he has taken no action to explore whether he could become a Hungarian citizen as a result of recent legislative changes in Hungary.
 

Hvr

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And if he is found to be ineligible we become a laughing stock in the rest of the world.
Too late. Our politicians treat us with contempt and now they've been found to have breached the rules they say they aren't important rules.

Maybe Centrelink should seek clarification and recovery of amounts overpaid or paid without entitlement?
 

seanpodge

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As I understand it, Canavan was not found to be a citizen because he was not "Italian" by birth and there was no evidence that action had been taken to exercise an inherited right to apply for citizenship, which involves a an application with supporting evidence. Now I know that is not a legal opinion, just my interpretation. So I would expect the High Court to deal with the Frydenburg case similarly, even without considering the "stateless" angle, as he was not a Hungarian citizen at birth (during the cold war era) and he has taken no action to explore whether he could become a Hungarian citizen as a result of recent legislative changes in Hungary.
I am only a graduate of the Dennis Denuto school of law, but after reading the ruling and seeing the way the High Court dealt with the cases of Waters, Joyce and Nash, I think Frydenberg is in a spot of bother. The issue appears to be if Hungary automatically conferred citizenship upon his mother and therefore himself. If so, then I think he might be out. While Joyce and Nash were found to be NZ/UK citizens from birth, Waters did have her Canadian citizenship conferred retroactively (albeit a mere week after her birth). All three lost. Xenophon would also have lost having held British Overseas Citizenship since birth except that due to the lack of typical citizenship rights associated with BOC, such as right of abode in the UK, he wasn't considered a dual citizenship under s44i.

One thing that is clear from the recent ruling is that the HC will not accept any form of ignorance as an excuse.
 

OZDUCK

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I am only a graduate of the Dennis Denuto school of law, but after reading the ruling and seeing the way the High Court dealt with the cases of Waters, Joyce and Nash, I think Frydenberg is in a spot of bother. The issue appears to be if Hungary automatically conferred citizenship upon his mother and therefore himself. If so, then I think he might be out. While Joyce and Nash were found to be NZ/UK citizens from birth, Waters did have her Canadian citizenship conferred retroactively (albeit a mere week after her birth). All three lost. Xenophon would also have lost having held British Overseas Citizenship since birth except that due to the lack of typical citizenship rights associated with BOC, such as right of abode in the UK, he wasn't considered a dual citizenship under s44i.

One thing that is clear from the recent ruling is that the HC will not accept any form of ignorance as an excuse.

Speaking of ignorance, Jacqui Lambie looks like she could also have problems.
 

MEL_Traveller

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So another one has resigned today.

I really don't understand why they don't have to pay every cent of their salary back? If this was an ordinary citizen filling out a tax return, or claiming Centrelink benefits they weren't entitled to, they not only have to pay the money back, but also face hefty fines.
 
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jb747

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I wonder if any of the original convicts renounced their citizenship. Just about everyone will be in trouble.
 

drron

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Well I was born a British citizen.But still 5th generation born in Australia.
 

Quickstatus

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I wonder if any of the original convicts renounced their citizenship. Just about everyone will be in trouble.
Possibly a treasonous act in those days so survival would be short lived ?
 

Major

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My 1st passport, which was issued in 1969, shows me as an Australian Citizen and a British Subject. Subsequent passports show Australian Citizen only

I was born in Australia, as were both parents, so no dual citizenship for me

View attachment 104136
It made me a British Subject. Not a British Citizen
 

marki

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Born in the USA Martin was eight when he left the US with his family and moved to Australia. He has been back three times to visit and is now 52. It wasn’t until he was filling out some investment forms for his SMSF that he realised he had a big problem. The global investment bank asked for his renunciation of US citizenship form when it saw on Martin’s passport that he was born in the US. Martin didn’t have one. He had kept his US citizenship even though he was an Australian citizen because his US passport allowed him to access shorter immigration queues at the airport. As a high-income earner, Martin realised he could be liable for US tax on his income in Australia, as well as his superannuation under the US grantor tax rule. He might also have to pay capital gains tax on Australian property he has sold over the years. A quick internet search revealed that he should have been filing expatriate tax returns with the US government every year, and he was required to submit a return disclosing assets held in his bank accounts. “I can’t believe it. I had no idea. I don’t know what to do,” says Martin. He was paying tax in Australia and never thought he would be liable for US tax.

The above is a small example of what I have just read in the money magazine regarding dual citizenship. I thought it very interesting. Because these things are complicated.
 

CaptJCool

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He was paying tax in Australia and never thought he would be liable for US tax.

We don’t have that similar law in Australia except recently HECs repayments can no longer be put on hold as world-wide income must now be declared by Australian citizens each year.

US citizens are in a pickle as while employed they do receive tax credits in USA FROM tax paid in Australia. But in retirement, and where super is tax-free, there’s no credits to offset requirements in USA. SAD FOR US born folk...
 

marki

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She says it’s a misconception that if you file you will owe tax. “This is not the case for many. You must file, but you may not owe.” Zemelman says failing to file puts you at a disadvantage. She points out that since 2014, the IRS has been offering generous amnesty programs to allow you to catch up without penalty. Very Reassuring so file. When you sell real estate outside the US, you are up for capital gains tax in the US.

They are looking for the 1% how are fat Cats with large amount of assets
 
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