Snowdon v Dondas

In *Snowdon v Dondas*, the Court of Disputed Returns considered a challenge to the validity of the election of a Member of the House of Representatives for the Division of the Northern Territory. The petitioner, Mr. Snowdon, sought to have the election declared void, alleging that the respondent, Mr. Dondas, was incapable of being chosen or of sitting as a Member of Parliament by reason of his being a subject or citizen of a foreign power.

The central legal issue before the Court was whether Mr. Dondas, by virtue of his birth in Greece and his subsequent acquisition of Greek citizenship, was disqualified from sitting in the House of Representatives under section 44(i) of the Constitution, which prohibits a person from being eligible for election or for sitting in Parliament if they are under any acknowledgment or allegiance, obedience, or adherence to a foreign power, or are a subject or citizen or entitled to the rights or privileges of a subject or citizen of a foreign power.

Brennan CJ reasoned that the disqualification under section 44(i) of the Constitution is engaged if a person is a subject or citizen of a foreign power, irrespective of whether that citizenship was voluntarily acquired or whether it carries with it any practical rights or obligations. The Court found that Mr. Dondas, by virtue of his birth in Greece and his automatic acquisition of Greek citizenship under Greek law, was a citizen of a foreign power. This status, the Court held, rendered him incapable of being chosen or of sitting as a Member of Parliament.

The Court of Disputed Returns declared the election of Mr. Dondas void.