New blow for Labor as David Feeney hits citizenship hurdle

Passports and Canberra

Nine new politicians facing High Court referral over dual citizenship concerns

That includes four of its own - Josh Wilson, Susan Lamb, David Feeney and Justine Keay - along with crossbencher Rebekha Sharkie and Liberal MPs Nola Marino, Julia Banks, Jason Falinski and Alex Hawke.

Coalition MP Ann Sudmalis provided legal advice that as she had been born to a British mother, she was not eligible for automatic British citizenship - unlike those born to British father such as former Bennelong MP John Alexander.

However, the date of the UK Home Office letter confirming renunciation was June 24, well after the close of nominations for the 2016 election.

Rapidly turning red in the face, the National's leader continued: "He has shown he will turn his back on the Australian people and he will turn his back on proper process".

The government and Labor are now in talks about referrals to the High Court.

On Wednesday, Labor tried to refer nine politicians - including Mr Feeney - to the court through a motion in the lower house, in a vote that was initially deadlocked at 73-all.

The Deputy Prime Minister blasted Bill Shorten in Question Time for standing by three of his MPs whose eligibility is in doubt after insisting for months no Labor MP would be caught up in the fiasco.

"It is however clear to me that the government has decided that I should be referred, despite having full access to all of my legal advice and expert reports for the past two days", Senator Gallagher said.

Mr Feeney said if documents were not located soon, he would ask Parliament to refer him to the High Court for a final verdict.

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"We have a continuing concealment, a continuing cover up from Malcolm Turnbull on behalf of the seven MPs", he said.

This follows confirmation on Monday by ALP senator Katy Gallagher that she was still a British citizen when she nominated for last year's election, although she had taken steps to renounce.

He revealed Labor was even prepared to refer to court Environment and Energy Minister Josh Frydenberg, whose parents arrived in Australia stateless after escaping the Nazis.

Documents made public by Federal Parliament yesterday show former ACT chief minister Katy Gallagher, who gained British citizenship by descent through her father, submitted forms to relinquish her British citizenship on April 20 previous year.

Attorney-General George Brandis has demanded Labor leader Bill Shorten "do the right thing and refer them himself".

However she said the party had "compelling evidence" Senator Gallagher was qualified to sit.

"Senator Gallagher has taken all the steps required under the Australian Constitution to qualify to stand for election as a member of this Parliament", Senator Wong said.

But, she said, constant allegations against Senator Gallagher damaged the dignity and standing of the Senate.

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