Liberal Member for Mackellar Jason Falinski in the House of Representatives at Parliament House in Canberra, Wednesday, December 6, 2017.
Liberal Member for Mackellar Jason Falinski in the House of Representatives at Parliament House in Canberra, Wednesday, December 6, 2017. AAP Image - Mick Tsikas

Another Liberal MP in question over citizenship status

LIBERAL MP Jason Falinski faces fresh questions over his eligibility to sit in Parliament with immigration documents appearing to contradict claims he made about his family's history on the citizenship register.

The Daily Telegraph has obtained dozens of files held by the National Archives which conflict with information provided to Mr Falinski's lawyers Arnold Bloch Leibler, which has released advice concluding he was not a Polish citizen.

The firm wrote because Mr Falinski's father "was born out of wedlock … he did not inherit your paternal grandfather Leon's citizenship on that basis".

But naturalisation documents held by the National Archives show both Leon Falinski and his wife Maria said they were married in Russia in 1942 - a year before their son, Mr Falinski's father Stanley, was born.

Labor has targeted Mr Falinski for referral to the High Court as it moves to stave off embarrassing revelations five of its MPs were likely British citizens at the time of last year's federal election.

Mr Falinski said he stood by his citizenship declaration, and his lawyers were aware of the files and satisfied that there was no documentation showing evidence of an official marriage.

"Even if any of this is true, they lost their citizenship under Polish law at the time they (became Australian citizens) in 1967," he said.

National Archive files. Courtesy of the National Archive
National Archive files. Courtesy of the National Archive

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National Archive files. Courtesy of the National Archive
National Archive files. Courtesy of the National Archive

The Daily Telegraph revealed last month there were questions about Mr Falinski's citizenship status, and that of Labor MP Emma Husar, who is also of Polish descent.

Ms Husar revealed she had written to the Polish consulate in June last year to renounce the citizenship of the country, which she may have acquired from her father. She has not disclosed any response from Polish authorities.

Polish citizenship is notoriously complicated, and renunciation difficult - with sources suggesting a confirmation form is required to be sent to authorities before a citizenship is active.

Neither Mr Falinski nor Ms Husar completed that form. But the Polish consulate told The Daily Telegraph not having done so "doesn't mean they are not a Polish citizen".

An application for naturalisation lodged by Leon Falinski in 1966 shows he had a Polish passport issued by the police in Krakow in 1958. Jason Falinski's father, aged 23, applied for naturalisation at the same time.



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