Labour ministers are reportedly planning a major revenge attack on Fatima Payman – after she left the party

According to reports, labor ministers are questioning whether Fatima Payman’s Afghan nationality will hamper her right to remain in the Senate, in a possible violation of the constitution.

These fears were raised after Senator Payman left the ALP on Thursday and joined the Independent Senators as an independent after he passed a vote on recognising Palestinian statehood.

Section 44 of the Constitution, which states that “foreign citizens and citizens with dual nationality shall not hold seats in Parliament”, could pose a risk to Senator Payman, who holds dual Australian and Afghan nationality.

Senator Payman has refused to rule out the possibility of forming a new political party to contest Labor Party seats with large Muslim populations. Reports say Labor Party ministers fear an independent Muslim party could cost them six seats in Sydney’s west.

Ministers are reportedly already taking action to defend hitherto safe Labor seats.

Now that Senator Payman has moved to the independent constituency, the Labor Party has fewer seats in the House of Lords than when the party was in opposition at the start of 2022.

In 2003, Senator Payman was granted entry to Australia on her mother’s refugee visa after she fled Taliban-held Afghanistan.

In 2005, she was granted Australian citizenship.

Senator Fatima quit the ALP on Thursday after concerns about the party’s stance on Palestine. Photo: NewsWire/Martin Ollman

Senator Fatima Payman wore a pin featuring the Aboriginal and Palestinian flags as she announced her resignation on Thursday. Photo: NewsWire/ Martin Ollman

Senator Payman said in her statement on the 2022 Qualifications Register that she had sought and received legal advice that she had taken reasonable steps to renounce her Afghan citizenship, making her eligible to serve in the Senate.

“Given the situation in Afghanistan and the impossibility of pursuing my application to renounce my Afghan citizenship following the recent Taliban takeover, I am not disqualified from serving as a senator and can therefore run,” she wrote.

Senator Payman said she went to the Afghan embassy in October 2021, where she was told her request to renounce could not be granted.

“The embassy advised me that there is no communication between it and the new Taliban government in Afghanistan. As such, the embassy informed me that my renunciation application could not be completed in Kabul (as required under pre-Taliban Afghan law),” she wrote.

Senator Fatima Payman held a press conference at Parliament House in Canberra to announce her resignation. Photo: NewsWire / Martin Ollman

“There is nothing I can do now to effect my renunciation of Afghan citizenship. It would be very dangerous for me to return to Afghanistan or to make direct contact with the Taliban regime.”

NDIS Minister Bill Shorten told Nine’s today he was confident the Western Australian branch of the Labor Party would have ensured Senator Payman met the right criteria before she was selected for the election.

However, sparring partner Peter Dutton said that if a breach did occur, the Labor Party would ultimately be responsible.

“The Labor Party knew about it. So they supported an MP knowing that she was constitutionally not allowed to sit in parliament, which I think is outrageous,” he said.

“That is very different from someone who has an Article 44 problem. So that question needs to be answered.”

During the 45th Parliament, Katy Gallagher and seven other Commons MPs were forced to declare their ineligibility because of their dual nationality.

According to The Australian, Labor sources said they expect Senator Payman’s fitness to serve will likely be reviewed by the High Court.

Pro-Palestine protesters climbed to the roof of the parliament building in a show of support for Palestine. Photo: NewsWire/ Martin Ollman

Senator Payman’s resignation on Thursday came hours after the parliament building was targeted by pro-Palestinian supporters, who held a 90-minute protest on the roof of the building.

The four activists, three men and one woman, were charged with breaching Commonwealth policy and fined $2,750 after they climbed over a specially constructed security barrier to access the roof.

The Australian reported that the activist group responsible for the demonstration, Renegade Activists, met with Senator Payman over a week ago.

A spokesperson for the group, Jacob Grech, told The Australian the group wanted to “give as much support as possible to Fatima” and “show that her views are valued”.