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

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

The One Nation leader wrote a letter to Antonio Albanês on Wednesday citing concerns about Senator Paymano's dual citizenship that could disqualify her from running for government under section 44 of the Constitution.

Payman's family escaped Afghanistan's Taliban rule when she was a child, eventually settling 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 statement, she said she sought legal advice to confirm that she was eligible to serve in the Senate because she had taken reasonable steps to resolve the citizenship issue.

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

She acknowledged Ms. Pagador's past struggles to renounce her Afghan citizenship, but asked if there had been opportunities since 2022 to resolve the situation.

“Courts have established that if an individual has taken all reasonable steps to renounce their foreign citizenship, they can negate the implications of holding dual citizenship,” Ms. Hanson wrote.

Senator Fatima Payman is photographed during a press conference on Wednesday

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

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

'Senator Payman cited the conflict in Afghanistan at the time of her nomination as a barrier to renouncing 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 required to take reasonable steps to do so.”

Ms Hanson told Mr Albanese she proposed a bipartisan approach to clarifying the issue, urging Ms Payman to appeal to the High Court.

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

'The integrity of our electoral system is fundamental. I urge you to consider this issue seriously and take appropriate steps to safeguard 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 due to irreconcilable differences with the party over the ongoing conflict between Israel and Hamas.

Instead of resigning from her position, she chose to remain in Parliament as an independent.

On Wednesday, she formally announced her new party 'for the disenfranchised', which will contest the Senate race in every state, along with marginal seats in the lower house.

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

Dual citizens are not normally allowed to run 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

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 during a press conference.

'If we need to drag the two main parties kicking and screaming to do what needs to be done, we will do it.'

She said Australia's Voice would target people who are disillusioned with the two main parties and feel ignored.

The senator said her policies would be revealed in time, but highlighted the abolition of negative gearing, addressing the cost of living and education as some of her party's priorities.

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

'We need a voice. It was this cry for change that brought us here today. Because we can no longer sit by while our voices are drowned out by the same old politics. It's time to rise up, to rise up together, and to take control of our future.

'Voice of Australia believes in a system where people come first… We reject the status quo that serves the powerful and forgets the people.'