5.
State at the Home Office and to satisfy the requirements of Sched 5[1]. Schedule 5 to the Regulations contains requirements with respect to declarations of renunciation. They relevantly include that the declaration contain "information showing that the declarant … is a British citizen". The Immigration and Nationality (Fees) Regulations 2016 (UK) provide for a fee to be paid at the time when a declarant applies to have a declaration of renunciation registered. A form of declaration is not prescribed but in practice the Home Office provides a form. It is the Form RN, which is accompanied by the Guide RN.
The renunciation process
16 At the time when Senator Gallagher applied to have her declaration of renunciation registered, the time between lodgement of a declaration of renunciation and registration varied. It could take in excess of six months; it could be expedited if good reason was shown to the Home Office. These matters were not known to Senator Gallagher, who made no enquiry as to them.
17 Senator Gallagher completed a Form RN declaration of renunciation on 20 April 2016 and provided it, together with certified copies of her birth certificate and Australian passport, and her credit card details, to the Vetting Team of the Australian Labor Party, of which party she was a member. The Australian Labor Party, Australian Capital Territory Branch, had preselected her as a candidate for the Senate. The Vetting Team forwarded the form, the copy documents and the credit card details to the Home Office, which received them on 26 April 2016. Her credit card was debited with the amount of the relevant fee on 6 May 2016.
18 On 20 July 2016 Senator Gallagher received a letter dated 1 July 2016 from the Home Office requiring further documents. The documents were said to be required "in order to demonstrate to the Secretary of State that you are a British citizen". The letter identified as necessary to be provided, in the case of a British citizen by descent who is not the holder of a British passport, the relevant birth certificates and the marriage certificates of the person's parents and grandparents. Senator Gallagher replied the same day enclosing a certified copy of her father's birth certificate, her parents' original marriage certificate and her original birth certificate. These documents were in her possession. Sometime before 30 August 2016, Senator Gallagher received advice from the Home Office that the declaration of renunciation had been registered.
- ↑ British Nationality (General) Regulations 2003 (UK), regs 8 and 9.
