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

We, the undersigned, respectfully request that the Senate refer concerns about Senator Fatima Payman’s eligibility to sit as a Senator to the Standing Committee of Senators' Interests for inquiry and report.

Grounds for Referral:

1. Constitutional Compliance: Section 44 of the Australian Constitution disqualifies individuals who hold citizenship of a foreign power or are under any acknowledgment of allegiance, obedience, or adherence to a foreign power from serving in Parliament. This imposes an ongoing obligation on prospective and sitting senators to ensure compliance with this provision.
2. Ongoing Obligation to Renounce Foreign Citizenship: The Constitution not only requires candidates to take reasonable steps to renounce any foreign citizenship prior to election but also imposes a continuous duty on elected senators to persist in their efforts to renounce foreign citizenship if initial attempts were unsuccessful. This duty always applies irrespective of when a senator becomes aware of circumstances giving rise to a possible disqualification. Maintaining adherence to Section 44 throughout their term is essential to uphold constitutional integrity and parliamentary legality.
3. Undue Influence and Conflicts of Interest: Consider whether section 44(i) applies to a situation whereby a Senator or member of the House of Representatives becomes subject to undue influence or a conflict of interest with a foreign power. Specifically, consider the natural meaning of the phrase “… is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen…”. Previous assessments have focused on the second part of this phrase and not considered whether the first applies to circumstances of undue influence or conflicts of interest. An objective test can be applied by considering whether the Senator’s actions during 2024 align with the national interest. National interest is defined by Senator Wong in the Foreign Affairs, Defence and Trade Legislation Committee Estimates on the 03 June 2024. Without inquiry by the Committee and referral to the Court of Disputed Returns, there is significant uncertainty as to whether Senator Payman has met, and continues to meet, the requirements of Section 44. 
4. Public Interest and Parliamentary Integrity: Upholding the integrity of Parliament is paramount. Previous cases have seen members referred to the Committee or the High Court over issues related to dual citizenship. An urgent review by the Standing Committee of Senators' Interests would ensure transparency and maintain public confidence in the Parliament and upcoming election.

Your petitioners respectfully request that the Senate:

1. Refer the listed matters relating to Senator Fatima Payman’s eligibility to the Standing Committee of Senator’s Interests for inquiry and report. 
2. In the event of legal uncertainty, refer Senator Payman to the Court of Disputed Returns under s.376 of the Commonwealth Electoral Act 1918 (Cth).
3. The referral to the Court of Disputed Returns asks a question relating to whether, by reason of s.44(i) of the Constitution, there is a vacancy in the representation for Western Australia in the Senate for the place for which Fatima Payman was returned.