Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 5L

    For the purposes of the application of this Act and the regulations to a particular person, the person is to be treated as a member of a particular social group (other than the person's family) if:

  (a)   a characteristic is shared by each member of the group; and

  (b)   the person shares, or is perceived as sharing, the characteristic; and

  (c)   any of the following apply:

  (i)   the characteristic is an innate or immutable characteristic;

  (ii)   the characteristic is so fundamental to a member's identity or conscience, the member should not be forced to renounce it;

  (iii)   the characteristic distinguishes the group from society; and

  (d)   the characteristic is not a fear of persecution.