Pauline Hanson has sought to place a piece of the Australian structure that when sparked a parliamentary eligibility disaster within the highlight.
On the identical day, senator Fatima Payman after , the One Nation chief wrote to Prime Minister Anthony Albanese requesting he think about an “pressing matter” concerning Payman’s eligibility to sit down in parliament.
Her concern? Whether or not Afghan-born Payman falls foul of , which says international residents and dual-citizens cannot sit in parliament.
“With senator Payman’s current announcement about forming a brand new political occasion, seemingly utilising her place as a senator to kind a parliamentary political occasion, it is crucial that we deal with her standing swiftly forward of the upcoming federal election,” Hanson wrote on X on Wednesday alongside a replica of her letter to Albanese.
“I’ve referred to as for a clear course of to look at her scenario, suggesting a bipartisan method to resolve these constitutional issues.”
However as one constitutional regulation skilled factors out, the Western Australia senator’s eligibility is unlikely to be questionable, and he or she has taken steps to make sure it’s not unsure.
Fatima Payman’s Afghan citizenship renunciation conundrum
Payman in 2003 underneath her mom’s refugee visa, and two years later, she was granted Australian citizenship.
Earlier than the 2022 federal election, Payman’s eligibility was additionally questioned due to her citizenship standing.
She mentioned that she had approached the Afghanistan embassy in Australia in 2021 to resign her citizenship, and her request was not finalised as a result of the embassy had no contact with the Taliban authorities that acquired into energy in the identical yr after .
As a result of she had taken “all affordable steps” to resign her Afghan citizenship, a requirement underneath a 1992 Excessive Courtroom ruling concerning part 44, Payman was allowed to contest the election and received her place within the Senate.
How does Payman’s case differ from these within the eligibility disaster?
“Part 44 of the structure prohibits twin residents from sitting in parliament. As a common rule, a would-be parliamentarian should eliminate any international citizenship they maintain earlier than nominating,” Luke Beck, professor of constitutional regulation at Monash College, advised SBS Information.
“This will trigger issues if the politician doesn’t know they maintain international citizenship, as we noticed with Barnaby Joyce and others some years in the past.”
In August 2017, Joyce was confirmed to be a twin citizen of New Zealand, and three months later, the Excessive Courtroom of Australia dominated that he was ineligible to be a candidate for the Home of Representatives.
In the identical yr, eight senators and 7 MPs resigned or have been dominated ineligible by the Excessive Courtroom.
The senators from the 2016 election have been all changed by candidates from the identical tickets. Moreover, six members of the Home of Representatives renounced their non-Australian citizenship, re-contested in by-elections, and received.
Hanson mentioned Payman needs to be “afforded each alternative to refer herself to the Excessive Courtroom to make clear her eligibility”.
“If she chooses to not take this step, it then falls to the Senate to make that referral,” Hanson mentioned.
Beck mentioned that referral wouldn’t be simple.
“If a rustic does not enable citizenship renunciation or if it will be virtually not possible to resign, then it’s sufficient for the would-be parliamentarians to take affordable steps to resign their international citizenship,” Beck mentioned.
“Getting senator Payman’s scenario to courtroom at this stage within the parliamentary cycle would require a movement by the Senate.”
Payman was eight when she got here to Australia from Afghanistan in 2003 underneath her mom’s refugee visa, and two years later, she was granted Australian citizenship. Supply: AAP / Mick Tsikas
Hanson “would wish to do a bunch of near-impossible issues” to attain that, Beck mentioned.
“She has to steer the Senate to go a movement referring a case to courtroom, to show that Payman holds international citizenship,” he mentioned.
“After which show both that Payman may have however didn’t resign that international citizenship, or that whereas Payman couldn’t have renounced that international citizenship she did not even take affordable steps to attempt.”
Beck mentioned if the Senate handed a movement, the Excessive Courtroom would then determine whether or not it was virtually not possible for Payman to resign her citizenship.
“However there would have to be a case first,” he mentioned.
“At this stage within the parliamentary cycle, there may solely be a case if the Senate passes a movement referring one to courtroom. If Payman runs once more after her time period expires (in 2028), then there is a quick interval by which members of the general public may problem,” Beck mentioned.
Beck mentioned the opposite politicians haven’t needed to show in courtroom that they are not twin residents and query why anybody would “need to deal with Payman otherwise”.
SBS Information has contacted Payman and Albanese’s places of work for remark.