Labor ministers reportedly plotting major actof revenge on Fatima Payman - after she quit the party
Labor ministers are reportedly questioning whether Fatima Payman'sAfghan citizenship could challenge her ability to remain in the senate because of a possible breach of the Constitution.
The fears come after Senator Payman quit theALP and joined the crossbench as an independent senator on Thursday, aftercrossing the floor on a vote in recognition of Palestinian statehood.
Section 44 ofthe Constitution, which states 'foreign citizens and dual citizens cannot sitin parliament,' could pose a risk to Senator Payman, who is an Australian andAfghan citizen.
Senator Payman has refused to rule out establishing a new politicalparty to contest Labor-held seats with large Muslim populations, with Laborministers reportedly fearing an independent Muslim party will lose them up tosix seats in western Sydney.
Ministers are reportedly already takingaction to defend previously safe Labor seats.
Senator Payman's deflection to the crossbenchleaves the Labor Party with fewer seats in the upper house than it had when theparty was still in opposition at the start of 2022.
In 2003, Senator Payman was granted entry to Australia under hermother's refugee visa after she fled Taliban-held Afghanistan.
She was granted Australian citizenship in2005.
Senator Fatima Payman wore a pin combining the Aboriginal andPalestinian flags when she announced her resignation on Thursday.
In her 2022 register of qualificationsstatement, Senator Payman said she had sought and received legal advice whichconfirmed she took reasonable steps to renounce her Afghan citizenship, whichmade her eligible to sit in the Senate.
'In light of the situation in Afghanistanand the impossibility of progressing my application to renounce Afghancitizenship following the recent takeover by the Taliban, I am not disqualifiedfrom sitting as a senator and so I can nominate as a candidate,' she wrote.
Senator Payman said she went to theAfghanistan embassy in October 2021, where she was told her request forrenunciation could not be completed.
'The embassy advised me that there is nocommunication between it and the new Taliban government in Afghanistan. Assuch, the embassy told me that my application for renunciation could not (be)finalised in Kabul (as required under pre-Taliban Afghan law),' she wrote.
'There is nothing further that can be done toprogress my renunciation of Afghan citizenship, and it would be very dangerousfor me to return to Afghanistan or to attempt to engage with the Taliban regimedirectly.'
Appearing on Nine's Today, NDIS Minister BillShorten said he believed the West Australian branch of the Labor Party wouldhave ensured Senator Payman matched the appropriate criteria prior to selectingher for the ballot.
However, sparring partner Peter Dutton saidthat if there was a breach, the Labor Party would ultimately be responsible.
'Labor Party knew about it. So they'vesupported a member of parliament knowing that she wasn't constitutionally validto sit in the parliament, which I think is an outrage,' he said
'That's quite different than somebody who hasa section 44 issue. So there's that question to answer.'
During the 45th parliament, Katy Gallagherand seven other lower-house MPs were forced to make declarations ofineligibility as a result of their dual citizenships.
Labor sources said they believed SenatorPayman's eligibility would likely need to be tested in the High Court,according to The Australian.
Senator Payman's resignation on Thursday camehours after Parliament House was targeted by pro-Palestine supporters, whostaged a 90 minute protest on the building's roof.
The four activists, three men and one woman,were charged with Commonwealth Trespass and fined $2750 after they climbed overa specially-built security barricade to access the roof.
The Australian revealed the activist groupresponsible for the demonstration, Renegade Activists, met with Senator Paymanmore than a week ago.
A spokesman for the group, Jacob Grech, toldThe Australian the group wanted to 'give as much support to Fatima' as possible'show that her stance is appreciated'.
