Tasmanian Greens candidate Owen Fitzgerald has been forced to withdraw from the federal election race after discovering he likely holds New Zealand citizenship by descent.
His status would make him ineligible under Section 44 of the Australian Constitution.
Fitzgerald, who was contesting the seat of Franklin, ended his campaign today following legal advice that confirmed his citizenship status.
He had already renounced his United Kingdom citizenship earlier this year.
Greens Senator for Tasmania Nick McKim attributed the issue to an administrative error in the party’s vetting process.
“This situation is not Owen’s fault,” McKim said.
“Owen is a fantastic young person who has campaigned with energy and verve to defend nature, and for climate action and human rights.”
The situation has reignited criticism of Section 44, which prevents dual citizens from serving in federal parliament.
“Section 44 of the Constitution has no place in a multicultural liberal democracy like Australia in 2025. It is a relic from a bygone era that predates the notion of Australian citizenship,” McKim said.
The Senator added that the constitutional requirement forces candidates to spend “thousands of dollars in legal fees” while navigating complex citizenship laws just to run for office.
Fitzgerald, who was reportedly unaware of his New Zealand citizenship by descent until receiving the legal advice, expressed disappointment but remained optimistic about his political future.
“Fighting for environmental and social justice has always been a lifetime mission for me,” Fitzgerald said.
“This is a disappointing but temporary setback and I will be back.”
The Tasmanian Greens party is expected to announce their voting advice for the Franklin electorate in the coming days.
A new EMRS poll this week revealed that independent Franklin candidate Peter George was set to hold 13% of the vote, tied with Fitzgerald who was also at 13%.
