WARRINGAH 2016 Fed Election
DAVID BARROW
INDEPENDENT Candidate

Why AndrewBoltParty.com 
I was a self-represented 
PARTY in litigation against ANDREW BOLT which ran for 4 long years.



DAVID BARROW -- INDEPENDENT Candidate DAVID BARROW -- INDEPENDENT Candidate

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DAVID BARROW -- INDEPENDENT Candidate 2016 Federal Election, WARRINGAH Division


2016 Fed Election: My Case in HIGH COURT
Filed Under:

UPDATE

 

13 May 2016

 

MY High Court case Discontiscannued


 

 



Where to from here?


After writs are issued 16 May 2016, I will lodge an Independent Candidate Nomination form to contest Warringah.


Before Candidate Nominations then close on 9 June 2016, I will take 'reasonable steps' to renounce my British Citizenship.


I will document all this and make it available to the other 2,000 or so candidates, some of whom may be struggling to find a way to be eligible under s 44(i) of our Constitution:


(1) to satisfy the 'reasonable steps' to renounce a Dual Citizenship; and


(2) not otherwise make a false or misleading statement on the Candidate Nomination form – on pain of 12 months imprisonment under Division 137 of the Criminal Code Act 1995 (Cth).


Section 44(i) of the Constitution provides:

Any person who:

(i)     is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power;     

...

shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.

 


And I will continue to run a totally negative campaign AGAINST Marriage Discrimination.







HIGH COURT – FRIDAY 13TH

A Cautionary Tale


Senator Bob Day CRUSHED in High Court

 

My better (Maverick) way for 2016 federal election


Senator Bob Day chanced a Constitutional Challenge to Senate voting reforms.  He got CRUSHED.


I still presently have my own High Court APPLICATION on foot seeking a 'declaration' backing a SENSIBLE WAY for me to renounce my Dual British Citizenship if I am elected in the 2016 federal election.


Through all this I was shocked to discover my Australian Citizenship is in question – even though I was born and resided my whole life in Australia.


You and your Neighbours may be facing this situation as well (see below).


I rate my chances of wrestling the Warringah Division seat out from under Liberal Party incumbent Tony Abbott as somewhere between zero and very negligible.



 

Can I beat lonely Tony Abbott MP?  Unlikely in a vote count.


Liberals have WON WARRINGAH on primary votes for every federal election in living memory.  I would be astonished if it was otherwise in 2016... although other candidates are more optimistic.


As an Independent Candidate I can however campaign effectively for Marriage Equality.


Have you seen the "Eddie the Eagle" movie?


About the British outsider who competed in the 1988 Winter Olympics ski-jump even though he was only jumping about half the distance of the pros from Austria and Scandinavia etc.

 

 

 

 

There was a quote from Pierre de Coubertin (founder of modern Olympics) in the movie which resonates:


 
The important thing in the Olympic Games is not to win, but to take part; the important thing in Life is not triumph, but the struggle



I may only get 2% of the Warringah vote – but I will raise awareness for Marriage Equality.


A free-conscience vote for our politicians to do their job in our Parliament for Marriage Equality is a better way than an expensive and unnecessary Plebiscite.  I will make this more widely known!


The Word is that Tony Abbott MP will be attending the Warringah Candidates Forum before the 2 July election day – so that's a battleground right there that I can represent the Right-side-of-history for Marriage Equality.


Unlike CRUSHED Senator Bob Day, I'm now going to discontinue my High Court application... and take a more Maverick route.


Each Candidate is required to make a declaration at the time of nomination that he or she is not disqualified under the Constitution – on pain of 12 months imprisonment for making a false or misleading statement under Division 137 of the Criminal Code Act 1995 (Cth).


Well, I believe in the soundness of my points for the High Court 'declaration' – so I will use those points as the basis for my Candidate Declaration that I am complying with the Constitution.


I will express this all in a Statutory Declaration at the time I lodge my Candidate Nomination – as soon as the election writs are issued on Monday 16 May 2016.


And I will continue to run a totally negative campaign AGAINST Marriage Discrimination.






SHOCKING UPDATE:

6 May 2016


I may not be Australian Citizen

 

And neither may You or your Neighbours


I was born in Australia 1969 to an Australian-born mother and Welsh(British)-born father.


Australia has always been my home.


In 1997, I applied for a British passport for travel purposes. When it was granted, British Citizenship also followed.


However, at that time (up until 2002), if you were Australian and added British Citizenship – or any other Citizenship of the World –

the Australian Citizenship Act 1948 purports to forfeit your Australian Citizenship:


17 (1) A person, being an Australian citizen who has attained the age of 18 years, who does any act or thing:

(a) the sole or dominant purpose of which; and
(b) the effect of which,

is to acquire the nationality or citizenship of a foreign country, shall, upon that acquisition, cease to be an Australian citizen.

(2) Subsection (1) does not apply in relation to an act of marriage.



I only just found this out today.  It could be that I've been an illegal alien in Australia for 19 years since 1997!


There must be 100,000s of 'Aussies' like me.   YeGods!


The automatic Australian Citizenship forfeiture purports to be in force from 26 January 1949 to 3 April 2002.


Is that You or your Neighbour as well as Me??


What to do?


Well, the Department of Immigration and Border Protection informed me that I can apply to resume my Australian Citizenship.  They aim to process this within 3 months.


I can also apply to check if I may still have Australian Citizenship.  Processing takes about 1 week.


I can seek an urgent application in the circumstances that the Federal Election is coming soon and I will need to be an Australian Citizen to be an elected candidate.


I can also request the mercy of Minister Peter Dutton. Hmm.


Or I could file a Show Cause application in a Federal Court for the onus to shift onto the Government to persuade the Court that I am not an Australian Citizen.





HIGH COURT APPLICATION


Seeking HCA Declaration

 

reasonable renunciation of dual British Citizenship to run as

 

Independent candidate, Warringah Division, 2016 Fed Election





NOTICE OF CONSTITUTIONAL MATTER (PDF)



WRIT OF SUMMONS (PDF)



  • 28% of Australians born overseas.  Further 20% have at least one parent born overseas.

  • Over 5 million Aussies have dual citizenship.

  • All may be disqualified from running for Federal Parliament.
  •  


Section 44(i) of the Constitution provides:

Any person who:

(i)     is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power;     

...

shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.

 


High Court previously found Australian politicians disqualified:


  • 1999 Senator Hill – dual British Citizenship

  • 1992 Mr Kardamitsis – dual Greek Citizenship

  • 1992 Mr Delacretaz – dual Swiss Citizenship
  •  




 

DAVID CHARLES BARROW – I am a Welsh-Australian!


I am an Australian Citizen born in 1969 in the outer-eastern suburb of Ferntree Gully in Victoria.



 

Portrait of Me as a young artist



My father Malcolm Barrow is a British Citizen born 1934 in Skewen, a small Welsh village on the outskirts of Swansea, South Wales.  His parents and grandparents were all born, lived and died in Wales.


In 1959, my father arrived in Melbourne, Australia, from the UK on RMS Strathnaver with the support of the Australian Government "ten pound ticket" Assisted Passage Migration Scheme.





My father only planned to stay in Australia for 2 years.  Then he met my mother Shirley at a social dance at the St Kilda Town Hall.


My mother is an Australian Citizen born 1935 in Cheltenham, Victoria.  Her parents were born in England and immigrated to Australia in the 1920s.


My parents Malcolm and Shirley courted and then married in 1962.


In 1966, they built a house at the foothills of the Dandenong Mountains in Victoria – on a Welsh-sounding street, on land that was a former daffodil farm (the national flower of Wales).


They have lived in that quiet place for 50 years.


My sister Julie, was born an Australian Citizen in 1967 in the same hospital where I was later born in 1969.


In my boyhood, my friends found my father's distinctive Welsh accent hard to understand so sometimes I had to interpret for them.  Cooking Welsh food and seeing Welsh people on the television was something special for us.


Very rarely did we encounter other people who identified as Welsh in Australia.


Through my father's Welsh ancestry, my sister Julie and I both obtained dual Australian-British Citizenship.


On a number of occasions we each travelled to the UK and stayed with our Welsh relatives.  For me this was in 1979, 1995, 1997 and 2009.


In 2008, tragically my sister Julie suffered a severe asthma attack and died shortly after (aged 40) at the St Vincent's Intensive Care Unit in Melbourne.  It was very, very sad.


My sister's ashes were flown to the UK and scattered by our Welsh relatives at Pen y Fan in the Brecon Beacons National Park in Wales.





My father had become an Australian Citizen in 1985.  His Welsh father, Dai Barrow, wrote him a fiery letter disowning him, perhaps not understanding that my father still retained his British Citizenship.  Thankfully the disowning didn't last.


When my father travelled back to Wales in 1988 an ailing Dai asked had he received the letter.  My father said perhaps it had been lost in the mail.  And no more was said of it.  My grandfather died not long after that.


My parents and I remain in regular contact with our Welsh relatives through email and videophone – and they recognise us as Welsh and Australian.


Although I have English ancestry on my mother's side, I do not feel English.  I do however very much identify as Welsh.


Given my upbringing being Welsh for me is not something that I have chosen.


This resonates with the decision in the 2011 Federal Court of Australia case of EATOCK v BOLT where the controversialist Andrew Bolt was found to have QUITE WRONGLY implied in a slurry of Herald Sun articles that some prominent Aboriginal people with fairer rather than darker skin "chose" to identifying as Aboriginal for career and other benefits.


It was not a choice for them.


Having 'official' British Citizenship or indeed Australian Citizenship is not something totally necessary for me to be a Welsh-Australian.  Bureaucrats cannot take that away from me.


However having this Citizenship of both countries helps manifest my identity for myself and others.  So I want to retain my dual Citizenship.

 

SINCE 9 APRIL 2016, I have been actively campaigning and seeking nomination by electors to run as an Independent candidate to contest the Division of Warringah in the next Australian federal election.


It is widely believed the next federal election day will be on 2 July 2016.


If s 44(i) of the Commonwealth Constitution requires me to renounce my British Citizenship to become a member of the House of Representatives, then I am willing to do so – however I seek to take only such steps of renunciation as are reasonable and necessary prior to me being confirmed as the elected candidate for Warringah (if at all).


I am now seeking a High Court of Australia declaration that the reasonable steps can be met if:


(1) prior to lodging my formal nomination to run as a candidate, I sign the required form to renounce my British Citizenship and attach this to a statutory declaration stating that I solemnly intend to lodge it with the British Home Office as soon as practicable should I be confirmed as the elected candidate for Warringah; and


(2) I deliver a copy to the Australian Electoral Commissioner within 7 days of making the statutory declaration so as to further document my intent.


This would avoid me paying £272 to renounce my British Citizenship to contest the federal election – and should I not be confirmed as the elected candidate (the highly likely outcome) – I would not cop a further £1,121 to apply to get it back.


More important than any money however is that I simply want to retain my dual Australian-British Citizenship – like millions of other Aussies who enjoy dual Citizenship in our multicultural nation.


 



Sincerely,

 

David C. Barrow

5 May 2016

Melbourne, Australia




 


STATISTICS


2011 Australian Census


Australian Population        21,507,717


Overseas Born                   5,294,150


BORN IN WALES                     28,675



Australians with Dual Citizenship ESTIMATED AT 4 TO 5 MILLION.



MEDIA RELEASE  30 March 2016  –  Australian Bureau of Statistics

'Overseas born Aussies highest in over a century'


o      28.2% of Australian resident population born overseas


o      FURTHER 20% have at least one parent born overseas.




AUSTRALIANS WITH WELSH-ANCESTRY


PRIME MINISTERS




Billy Hughes

born in England to Welsh parents; migrated to Australia 1884





Julia Gillard

born in Wales to Welsh parents; lived in Australia since age five





Tony Abbott

born in England; lived in Australia since age three; Welsh maternal grandmother




ENTERTAINERS





Kylie Minogue

born in Australia; mother born in Wales





Dannii Minogue

born in Australia; mother born in Wales





Naomi Watts

born in England; Welsh maternal grandfather and Australian maternal grandmother; lived in Wales from age 7 to 10; moved to Australia age 14;


February 2016, Naomi became honorary president of Glantraeth FC, a small football club in Malltraeth, Anglesey, Wales, near to her grandparents' farm, where she spent time as a child.









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