Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 5H

Meaning of refugee

             (1)  For the purposes of the application of this Act and the regulations to a particular person in Australia, the person is a refugee if the person:

                     (a)  in a case where the person has a nationality--is outside the country of his or her nationality and, owing to a well-founded fear of persecution, is unable or unwilling to avail himself or herself of the protection of that country; or

                     (b)  in a case where the person does not have a nationality--is outside the country of his or her former habitual residence and owing to a well-founded fear of persecution, is unable or unwilling to return to it.

Note:          For the meaning of well-founded fear of persecution , see section 5J.

             (2)  Subsection (1) does not apply if the Minister has serious reasons for considering that:

                     (a)  the person has committed a crime against peace, a war crime or a crime against humanity, as defined by international instruments prescribed by the regulations; or

                     (b)  the person committed a serious non-political crime before entering Australia; or

                     (c)  the person has been guilty of acts contrary to the purposes and principles of the United Nations.



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