Petition to the Senate: Referral of Senator Fatima Payman to the High Court for Alleged Breach of Section 44 of the Constitution

To the Honourable President and Members of the Senate in Parliament assembled:

We, the undersigned, respectfully bring to the Senate's attention serious concerns regarding the eligibility of Senator Fatima Payman to serve in the Australian Parliament under Section 44 of the Constitution.

 


Section 44 of the Australian Constitution is clear in its requirements that any person holding dual citizenship must take all necessary steps to renounce their foreign allegiance before nominating for election or continue as an elected member. Senator Payman, as a citizen of Afghanistan, has not provided sufficient and verifiable evidence of attempting to renounce her Afghan citizenship prior to her election to the Senate.

The integrity of our parliamentary system depends on strict adherence to the Constitution. Failure to uphold these requirements undermines public trust in our institutions and creates the potential for legal and constitutional ambiguity.

Given the gravity of these allegations, we call upon the Senate to act in the interest of transparency and accountability by referring Senator Fatima Payman to the High Court, sitting as the Court of Disputed Returns, to determine her eligibility under Section 44 of the Constitution.

This action is not one of political partisanship but a necessary step to ensure the laws governing our democracy are upheld. It is vital for the Senate to confirm that all its members meet the constitutional requirements to serve.

We urge the Senate to act swiftly in addressing this matter to protect the integrity of our democratic processes.

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