 Sue v Hill was an Australian court case decided in the High Court of Australia on 23 June 1999 . It concerned a dispute over the apparent return of a candidate , Heather Hill , to the Australian Senate in the 1998 federal election . The result was challenged on the basis that Hill was a dual citizen of the United Kingdom and Australia , and that section 44 ( i ) of the Constitution of Australia prevents any person who is the citizen of a " foreign power " from being elected to the Parliament of Australia . The High Court found that , at least for the purposes of section 44 ( i ) , the United Kingdom is a foreign power to Australia . 
