Why Senator Fatima Payman ‘may not be eligible’ to sit in Parliament after announcing new political party

Pauline Hanson has raised questions about Senator Fatima Payman’s eligibility to run for parliament due to her Afghan citizenship, and has demanded she refer herself to the Supreme Court.

The One Nation leader wrote a letter to Anthony Albanese on Wednesday citing concerns about Senator Payman’s dual citizenship, which could disqualify her from standing for government under section 44 of the Constitution.

Ms Payman’s family fled Taliban-ruled Afghanistan as a child and eventually settled in Perth. She became an Australian citizen in 2005, but was unable to renounce her foreign citizenship due to the ongoing conflict in Afghanistan.

In her 2022 record of qualifications, she said she had sought legal advice confirming her eligibility to serve in the Senate because she had taken reasonable steps to address the citizenship issue.

Senator Hanson posted the letter to X just hours after Ms Payman announced the launch of her own political party, Australia’s Voice.

She acknowledged Ms. Payman’s previous struggle to renounce her Afghan citizenship, but asked if there were options since 2022 to resolve the situation.

“The courts have found that, if an individual has taken all reasonable steps to renounce his foreign citizenship, he can negate the implications of having dual citizenship,” Ms. Hanson wrote.

Pauline Hanson wrote a letter to the Prime Minister, raising concerns about Senator Fatima Payman’s foreign citizenship

“Senator Payman cited the conflict in Afghanistan at the time of her appointment as a barrier to giving up her citizenship.

“While this may be a valid concern, it raises the question of whether the opportunity to renounce her citizenship has since arisen and whether she is obliged to take reasonable steps to do so.”

Ms Hanson told Mr Albanese she was proposing a two-pronged approach to clarify the issue, and urged Ms Payman to refer herself to the High Court.

“Should they decline to do so, I believe it is the Senate’s responsibility to initiate the referral,” she continued.

‘The integrity of our electoral system is paramount. I urge you to seriously consider this issue and take appropriate action to protect our constitutional framework.”

Daily Mail Australia has contacted Ms Payman for comment.

The Western Australian senator resigned from the Labor Party and joined the crossbench in July over irreconcilable differences with the party over the ongoing conflict between Israel and Hamas.

Rather than give up her seat, she chose to remain in parliament as an independent.

On Wednesday, she formally announced her new “for the disenfranchised” party, which will contest the Senate race in every state, along with marginal seats in the House of Representatives.

Dual citizens are normally not allowed to stand for parliament in Australia. Senator Payman is pictured in the Senate in August

Pictured: the letter One Nation leader Pauline Hanson wrote to Anthony Albanese on Wednesday

“Australians are fed up with the major parties having a duopoly, a stranglehold on our democracy,” she said at a news conference.

“If we have to drag the two major parties kicking and screaming to do what needs to be done, then we will do it.”

She said Australia’s Voice would target people who are disillusioned with the two major parties and who feel unheard.

The senator said her policy would be announced in time, but she mentioned abolishing negative gearing, with the cost of living and education considered among her party’s priorities.

“So many of you have told me with emotions in your hearts that we need something different,” she said.

‘We need a voice. It is this call for change that has brought us here today. Because we can no longer stand by and let our voices be drowned out by the same old politics. It’s time to stand up, rise together and take control of our future.

‘Australia’s Voice believes in a system that puts people first… We reject the status quo that serves the powerful and forgets the people.’