Friday, 24 February 2017

Tony Abbott's dual nationality

Petition EN0038 is with Senator Ryan to be answered by about the 20th of May 2017.

I first asked about Tony Abbott's British citizenship because I was born in England in the same year as him and when he became Prime Minister I was curious about his citizenship and renunciation of British citizenship because there was nothing in any of the official and unofficial biographies about him.

So I emailed him and waited.  No reply, not even an automated response.

I then contacted the Department of Prime Minister and Cabinet asking how to do an FOI request to get a look at the renunciation paperwork.  I figured out he had to have the paperwork to comply with the constitution so it would be in pride of place in his office.

It wasn't, in fact his Chief of Staff Peta Credlin replied to me saying she would become the FOI clerk should I dare submit an FOI. And she would refuse to give any information.

Others put in an FOI request when Abbott and Credlin were in London and got a response saying the documentation doesn't exist.  That is here, or the FOI to look at the FOI is here.  Because the original FOI didn't find any documentation it isn't listed in the PM&C FOI register which is a pity because it is such an important piece of information.

Change the system started a petition to ask Mr Abbott to show he has renounced his British citizenship.  It got over 33,000 signatures when it was presented to Bill Shorten, leader of the opposition, his deputy Tanya Plibersek and to the Greens member in the House of Representatives, Adam Bandt.  All three did exactly nothing with the petition.  Any normal person would think that 33,000 signatures asking for a politician to ask a question in parliament would be huge news.  They didn't bother.

I read up about petitions and lodged one in the House of Representatives, it is here.  Senator Cormann replied by telling the world that the law says MPs must obey the law and if they don't then go to the Court of Disputed Returns.  Pfft to you Matty Cormann, sort of knew the law that's why a petition was lodged.

Senator Cormann said we must believe candidates when they tick the form on the Australian Electoral Commission nomination form where it says they comply with S44 of the constitution.  He also said if they didn't do that then the only recourse was to go to the Court of Disputed Returns and petition them.  That CODR is limited to voters in the seat where the MP lied to get into parliament.  A candidate in Warringah tried that but ended up in a mental hospital, was committed on the way to the High Court in Sydney to lodge with the court of disputed returns.

I doubt Abbott or the Liberal Party had anything to do with the committal but someone did.  Perhaps just doing their mate Abbott a favour, or doing something to protect their hero.  The candidate may be a loony, but standing for election doesn't look like the sort of thing a lunatic would consider.  Anyhow, a person was kept in a mental institution for 3 months and released without reason or apology.

Have I mentioned I had 5 death threats up until yesterday when another on twitter decided they were going to have a go.  All are with the Federal Police and this latest got an abject apology quite quickly.

So I  lodged another petition, a new fangled e-petition.  Doc Jensen was a complete waste of space and oxygen as a parliamentarian but he did bring in the e-petition system, which is quite brilliant.  Petition EN0038 is here.

The petition was blocked in the committee phase by Mr Vasta presumably as part of the Abbott protection society so I called on my Queensland senators and my local MP Andrew Wallace.  Mr Wallace wrote and advised he had spoken with Mr Vasta and the petition is now going to Senator Ryan for an answer. Hopefully Senator Ryan will read this and realise the petitioners know the petition system, know the law and realise the law doesn't work.

Petitions throughout history have shown that asking a member of parliament to look at asking a question does work and I trust we will finally get an answer about Mr Abbott's dual citizenship.

Well sometimes they work.  Petition PN0004, the one about his Australian Citizenship application being filled in by mum, seems Peter Dutton doesn't understand English. Only answered a little bit of the petition.  The answer is here.

The petition is below.   I have lodged another petition to get Peter Dutton to actually answer the petition.

In April the United Kingdom started to kick into shape.  Been asking UK Home Office for details of his renunciation.  They say they can not confirm he complies with our constitution but also say they can neither confirm nor deny he has renounced his British citizenship.  In 2014/15 a Tom Holland took the FOI process through the information commissioner and into the UK court system.  I am in the process of doing the same.  Tom Holland had his knocked back because the court said they could not examine compliance with the Australian constitution because it is Australian.  The constitution is British law so I have gone to their court system arguing they can examine that and since Mr Holland's attempt the public interest has skyrocketed.

The court asked for a copy of a phone call to Abbott's off ice in January 2015, the audio file I sent didn't play in the UK so I sent a transcript.

The transcript is here

Transcript of phone call to Mr Abbott’s Parliament House office

PM office:-   Good morning Prime Ministers office Diana speaking
Me:-  Hi Diana my name is Tony Magrathea I make a phone call everyday to find out about replies to letters I have sent and Teri Butler has sent’
PM office:- and what are the letters in regard to sir
Me:- Mr Abbott’s renunciation of British citizenship papers
PM office:-I am not going to transfer you through to the department but I will advise you that the request you are asking is ludicrous and we will not be answering. Because the Prime Minister is the Prime Minister and he is an Australian citizen and that is as far as the conversation is going.
Me:-  wait a sec I ‘ll just let you know I am recording this for any senate inquiry

PM office:- you have already had a response sir.  You have been provided with a response from the department.  I am not going to get into a discussion with you sir, about this.

Me:- What about the FOI

PM office:-  You have had a response
Me:-  from whom
PM office:- You have had a response from the department we have discussed it with the department when you called.

Me:- no I haven’t had a response from the department, that’s why I keep ringing every day.
PM office:- Well you have sir
Me:- send me a copy of the response. The only thing I have is a copy of an FOI saying the renunciation papers do not exist.
PM office:- And that’s the information that has been provided as a response to your correspondence.  It’s a ludicrous question sir and I am not going to have this discussion with you.
Me:-  this is being recorded and will be published
PM office:- publish whatever you would like. Thank you

I have not had a reply from Mr Abbott about my request for a copy of his renunciation papers.  In early January 2014 his chief of staff Peta Credlin told me if I lodged an FOI she would become FOI clerk and refuse the application.  Later in 2014 Jan Olsen lodged an FOI with the Department of Prime Minister and Cabinet, it is that document being discussed as the FOI in the phone call.  Ms Olsen is apolitical activist who was arrest in the House of Representatives demanding Mr Abbott show his renunciation papers.
I was given a copy of that FOI from Jan Olsen not the department.  That FOI is part of my submission.  If you have been keeping up with this you will have seen the FOI Jan Olsen got, thats the one we are talking about.

Below are some links to newspaper coverage and online discussion.  The online newspapers are interesting in their comments sections, it shows there is a great deal of public interest.  I have included some media coverage which calls what I was trying to do a birther issue. There are links to the nomination hand book and petitions to parliament and to politicians.   The Sky link to Hinch's show doesn't work, Sky has removed the video.

Phone call to Mr Abbotts office which seems to indicate he FOI above is true.
Terri Butler MP wrote to Mr Abbott in January 2015 asking for him to show he has renounced his British citizenship. He didn’t bother replying to a fellow member of parliament
Woman threatens Tony Abbott in parliament, this was the woman who lodged the FOI above – she went there to ask in parliament fro him to show he had renounced his British citizenship and was arrested.
Facebook page Tony Abbott worst PM in history a page that once had 350,000 members
Abbott fail again Facebook 45,000
Tony Abbott lies Facebook 15,000
Skynews a show by Mr Hinch before becoming Senator Hinch
Oxford FOI entered as British citizen against rules of Rhodes Trust
A blog about the Chair of the Petitions Committee hiding a petition this parliament
The next blog after the chair, Mr Vasta, was reminded about the crime of compounding a crime under Australian law. My local MP a member of his same party was a barrister before becoming an MP.
Another blog about Mr Abbotts Australian citizenship problems.
A link to petitions hidden by the previous parliament.  Nearly every petition presented since 2008 has been referred to a minster for answer, except mine about Mr Abbott.
Some documentation relating to Mr Abbott.

Petition EN0038, originally hidden then sent to Senator Ryan for response.

If you find links that don't work please put a note in the comments.  If you have others that might be of interest please put in the comments

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Thursday, 9 February 2017

Queensland senators and my local MP


Senator Macdonald has been in the press whinging they are all over worked and underpaid.  They get between $180,000 a year up to $300,000 a year.  Senator Macdonald refuses to answer emails so his workload seems to be just the 60 odd days he is in Canberra.
 So I wrote to him and the other 11 Queensland senators and my local MP Andrew Wallace.  Andy is so overworked by emails he doesn't have a contact address or a parliament house web form to fill in.
Dear Senators
I am writing to all my Queensland senators asking for help.  I ask you to approach your colleague Mr Vasta and have him reverse his decision to not refer a petition I organised for parliament.

The petition is an e-petition number EN0038 which had 1021 signatories to it.  It was presented to the House of Representatives on 21 November 2016 and is in Hansard.
The petition should be referred to Mr Pyne as Leader of the Government in the House or to the Speaker Mr Smith because he is the final control of all members in the house.
It is terrible that a petition put to parliament about the eligibility of a member to sit in parliament is hidden to protect that member.  Since beginning asking about Mr Abbotts dual citizenship in early 2014 I have had 5 death threats, all referred to the Australian Federal Police.  After last years election a candidate in Warringah decided to petition the Court of Disputed Returns to assess the legality of Mr Abbott sitting in parliament.  On his way to the High Court in Sydney that candidate was stopped by unknown people and committed to a mental institution for assessment. He was kept there for three months and released without reason or apology.
The safest way to avoid the protection racket was to lodge a petition in parliament, but it seems Mr Vasta is part of the protection racket.

Mr Abbott was born in Britain to a British father, this gave him automatic British citizenship.  In 1981 his mother filled in an application for citizenship for him when he was 23 years old.  Four months after gaining dual citizenship he entered Oxford University as a British citizen.
Those of you with a legal degree or who worked  as a barrister are familiar with law and it will be simplicity itself for you to find out the rules for getting Australian citizenship, an adult must fill out their own forms.  A parent or guardian can only do so if the adult child is incompetent.  Mr Abbott had just got a law degree so it is very unlikely he was an incompetent person.
If the petition is not answered I will have to take the matter to the High Court and seek compensation under the Common Informers (Parliamentary Disqualification) Act 1975.  From research I have done that law has never been tested in court.  Once that matter has been to the High Court and if Mr Abbott is found to be a disqualified person the justices of the High Court may ask or be asked to determine how many people knew of the possible crime and did nothing or covered up the crime.  I am sure the legally aware amongst you are aware of the other S44, that in the Crimes Act 1914.  If not it is here and pretty simple to understand.  If someone is aware of a crime or hides a crime there is a problem.
Under our laws a foreign born person must do all in their power to renounce their previous citizenship before signing a declaration for the AEC on the nomination forms.  being a pommie thing a British citizen must fill in a form (RN) and pay a fee to rid themselves of their British citizenship.  The UK Home Office say they can not confirm Mr Abbott has done this to meet our constitutional requirements.
You are all part of the boys club now and sit with Mr Abbott daily in Canberra for at least 60 days a year.  Ask him to see his renunciation forms.  They do not exist.
What are the requirements for a barrister or a lawyer made aware of a possible crime? Can you stay quiet and still meet the legal and moral codes of your profession?
I do trust that as my senators you will be able to have Mr Vasta present the petition to Mr Pyne or Smith to ascertain the truth.  When it is found Mr Abbott has not renounced his British citizenship I hope you as my senators  would ask for the Common Informers (Parliamentary Disqualifications) penalty be paid to me.
I know Senator Macdonald has been complaining about your work load as members of parliament, but to voters who don't even have their emails answered your 60 days in Canberra isn't much at all.  I trust you can answer this email and have the petition referred by Mr Vasta.
Those of you who do answer emails every word is appreciated and treasured by us the voters.

Best wishes
Tony Magrathea
PS copies of the petitions and documents are attached



I have been informed that the petition will be presented to Senator Ryan.  I have written to him with the following - in the hope I am not fobbed off again.  And hope I dont come across as too pretentious.


Dear Senator Ryan

I have been advised by the House of Representatives Petitions Committee that petition EN0038 has been referred to you.

I will bring to your attention a response I got from Senator Cormann as Special Minister of State in February 2016 regarding the same matter, it fobbed petitioners off saying the matter can only be resolved in the Court of Disputed Returns. The link is here 

Instead of simply asking Mr Abbott to show the renunciation papers which he must have Senator Cormann did all he could to avoid having to ask Mr Abbott anything.  He stated it was " Responsibility for compliance with the requirements of section 44 rests with each person who nominates to stand for election."  then explained how S44 of the constitution works and that the Court of Disputed Returns can be used to solve any problems.  The petitioners were white washed, fobbed off, treated like fools.  That is why the current e-petition has been lodged to ensure that Mr Abbott is actually asked to show his renunciation papers.  The Court of Disputed Returns thing doesn't work so long as there is an Abbott protection society.  

After the recent election a candidate in the Warringah election did indeed try the Court of Disputed Returns but for some reason he was stopped and committed to a mental institution while actually on the way to the High Court in Sydney to lodge a petition about Mr Abbott being ineligible to stand for election because of dual nationality.

That person was kept in a mental institution for 3 months and released without reason or an apology. He is not sure who it was who committed him but believes they may have acted to protect Mr Abbott.

I myself have had 5 death threats since first asking Mr Abbott to show his renunciation papers in earl 2014.  All have been referred to the Australian Federal Police for their action.  I feel safe knowing the AFP have my back.

It is simplicity itself for Mr Abbott to show his renunciation paperwork.  Being a British thing he can only renounce by paying a fee and signing a form.  The British Home Office advise they can not confirm Mr Abbott complies with the Australian constitution.

Mr Abbott was born in London to a British father and Australian mother giving him automatic British citizenship.

In June or July 1981 his mother applied for Australian citizenship for him, this may be in breach of Immigration law then and now and is a matter of a petition with Mr Dutton at  the moment. This application gave him dual citizenship, if his Australian citizenship is legitimate.  

In October 1981 Mr Abbott entered Oxford University on his Rhodes Scholarship, but instead of entering as an Australian citizen he joined Oxford as a British citizen confirming he knew he was a dual citizen.

An FOI to the Department of Prime Minister and Cabinet showed the renunciation papers did not exist.

When you question Mr Abbott to show his renunciation papers from the UK Home Office I trust you will treat his response in the proper legal matter.  If he refuses to show them then I trust you will take the matter to the High Court to have him removed form parliament for being a dual citizen, when you do that please ensure the Common Informers penalty is forwarded to me as primary petitioner.

If he does show the renunciation papers I trust you will confirm the date matches his entry to parliament in 1994.

I have attached copies of his birth certificate, his Australian citizenship application, the FOI from Oxford about his entry there  as a Briton and the current petitions in parliament.  A copy of a letter to my Queensland senators and local MP is here. And the FOI from PM&C is here.   
I trust you wont fob off the 1021 signatories to the parliamentary petition and that this ridiculous situation will finally be put to rest 3 years after Mr Abbott was first asked to show he had renounced his British citizenship.

Will you prove yourself a parliamentarian and ask Mr Abbott to show the paper work or will you join the Abbott protection society?

Tony Magrathea

Some more about this - I got a letter from the Petitions Committee and Senator Ryan should just answer that petition and not try and lecture people on Court of Disputed Returns etc.  Simply needs to ask Mr Abbott to show he has renounced his British citizenship


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Tuesday, 7 February 2017

The village idiot

The amazing Malcolm Ieuan Roberts

Born in India at Disergarh on 3rd May 1955.

And that’s about all we know about his citizenship.

I tried asking the Australian High Commission in New Delhi if they had any records of his birth being registered as an Australian born overseas.  They have nothing on record and they told me all records were transferred to the ACT Births Deaths and Marriages in Canberra.
BDM in Canberra have no record of him ever being registered as an Australian born overseas, ie in India.

There is a shipping list showing him and his parents leaving Bombay for the UK in April 1956.  His citizenship is listed as UK (Aus) so figure that one out.


This is what I got from the High Commission


And this from the Canberra Births Deaths and Marriages


So I wrote to the Department of Immigration and Border Farce to lodge an FOI to find out if they have anything about his Australian citizenship application.
They wrote back saying they don’t have the file it is with the National Archives of Australia.


Shock of shocks I had checked with the NAA before lodging the FOI with Immigration.  I sort of know what is what by now.

National Archives of Australia show nothing for Malcolm Ieuan Roberts, no records at all.
So what are you Malbob?  No record of your Australian citizenship and you refuse to answer any emails or letters I send you as my Queensland Senator.  You were born Indian but no record of you becoming Australian.
Would you care to enlighten us or wait for the Joint Select Committee on Electoral Matters to decide things for you?

Wouldn’t it be cute if you and Culleton both go missing because of S44 of the constitution.

Now the public shaming of myself, the bit at the bottom of my blogs asking for you to Paypal me.