Antony Green is not a constitutional lawyer nor is he qualified in migration law.
Section 44 would not apply to Julian Assange. Contrary to Antony Green's assertion Julian Assange is not a subject or citizen of
Ecuador. He still retrains his Australian Citizenship.
Assange could
also benefit from the a possible LNP surplus and/or the preferences from
other minor parties. Many would consider putting Wikileaks Party Ahead of the Greens.
The Greens will have no choice but to preference
Assange. Failure to do so would damage the Greens chances of being elected. Assange would fair better in Tasmania or Victoria.
Assuming his party can secure a seat, if he is unable to take up his
position the party would nominate an alternative candidate in his
absence., If and when Assange returns to Australia the alternative
candidate can resign and the party again nominates Assange to fill the
vacancy.
The big question is the allocation of party above-the-line
preferences. If he can secure a favourable preference distribution and a
substantial primary vote to remain in the count then yes he could win a
Senate seat, if not at the next election the one that will follow, which will
most likely be a double dissolution
