not even Australian

Dear Mr Manning

You are A/g Deputy Secretary, Civil Justice and Legal Services Group and responsible for Constitutional law in this country.

When I have written to the Attorney General and the Minister for Justice and your Secretary Mr Moraitis and asked the following question:-

Who is responsible for the monitoring, prosecution and policing of Section 44 of the Australian constitution I have received the following reply:-

The AEC does not monitor S44 of the constitution.

Because of these inept and rather ridiculous answers a petition was lodged in parliament on 23 November 2015 asking that exact same question.  The Special Minister of State, Mr Brough's office advised you are responsible for monitoring, policing and prosecuting section 44 of the constitution.

As such I bring to your attention a breach of S44 of the Australian Constitution.

Mr Abbott was born in the UK to a British father giving him automatic British citizenship. That is the way their law operates.  A copy of his British birth certificate is in this blog:- That also includes a copy of an FOI from Oxford University showing Mr Abbott used his British citizenship in October 1981 to enter the university.  There is also a copy of the file cover of his application for Australian citizenship, the National Archives made the file secret as I was looking at it in February 2014.

The citizenship act of that time says that citizenship by descent starts the day the minister approves the person becoming an Australian citizen, not the day of birth. 

For 24 years Mr Abbott was a British citizen and to get rid of that he needed to fill in a form RN and pay a fee to the UK Home Office. 

His staff say he has never filled in a form to renounce his British citizenship.  An FOI 2015/048 from the Department of Prime Minister and Cabinet confirms he has not renounced his British citizenship.  A copy is available on the departments FOI log or here.

The British Home Office can neither confirm nor deny the renunciation paper exist because to do so would be in contravention of their Data Protection act, S29, which says no information can be released if it may be used in criminal proceedings. The only way criminal proceedings could happen is if Mr Abbott has not renounced and fraud charges are pressed.

Mr Abbott is still a British citizen and an Australian citizen and in parliament illegally after signing 8 false declarations for the AEC. 

Mr Abbott has a law degree from one of the best law schools in the country so has no excuse for not knowing what's going on with our law.

The Australian Electoral Commission says they can not monitor or even ask questions relating to S44 because the Constitution is not an Australian commonwealth law.  Similarly Roman Quaedvleig as 2IC in the Australian Federal Police said they could not query breaches of S44 or even consider fraud because the AEC is precluded from asking questions about S44 of the constitution.

You Mr Manning, as A/g Deputy Secretary, Civil Justice and Legal Services Group which monitors Australia's Constitution is the person responsible for monitoring, policing and prosecuting breaches of S44.  You have information with you in this email that shows Mr Abbott is  n Breach of s44 and has lied toot he AEC to enter  parliament.

The petitions in parliament presented on 23 November 2015  require you to prosecute Mr Abbott.

I do hope you fulfil your obligations under the Public Service Act, I am an ex-public servant and know of the act and what is required of public servants.

This matter has been messed around by politicians for too long, our parliament now has a petition before it demanding Mr Abbott show he is in parliament legitimately, his office say he has not renounced his British citizenship and seem to gloat in that fact.

I look forward to your advice that you will investigate and prosecute a  breach of the constitution.  It is scandalous that Senator Brandis and Mr Keenan chose political mateship over the law.

I have just received copes of Mr Abbotts Immigration file from the National Archives, he was granted citizenship as per section 11 (4) of the Immigration act of that time which states:- 
(4)  The applicant, and any natural child of the applicant included in the application, becomes an Australian citizen on the day on which the applicant is registered as an Australian citizen.

The file also shows Mr Abbott did not fill out the application for Birth By Descent from an Australian mother which is in contravention of the Immigration rules of the time, as an adult Mr Abbott must have filed out the application himself and not his mother.  He is not even an Australian citizen.  If you require copies of the NAA file, I don't think I can send them to you under the release clauses used by the NAA, but you will be able to easily sight them as part of AG's. 

yours sincerely


Tony Magrathea


and the bit down the bottom asking for spare pennies, thanks to all who did send. Made getting the NAA file a lot easier