Section 5L — Migration Act 1958: 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.