Commonwealth Consolidated Acts

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Membership of a particular social group other than family

                   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.

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