Document ID: chunk:federal_register_of_legislation:C2004A00893:clause:1_91s
Version: federal_register_of_legislation:C2004A00893
Segment Type: clause
Provision Reference: sch 1 cl 91S
Character Range: 4733–5784

91S  Membership of a particular social group

  For the purposes of the application of this Act and the regulations to a particular person (the first person), in determining whether the first person has a well‑founded fear of being persecuted for the reason of membership of a particular social group that consists of the first person's family:
 (a) disregard any fear of persecution, or any persecution, that any other member or former member (whether alive or dead) of the family has ever experienced, where the reason for the fear or persecution is not a reason mentioned in Article 1A(2) of the Refugees Convention as amended by the Refugees Protocol; and
 (b) disregard any fear of persecution, or any persecution, that:
 (i) the first person has ever experienced; or
 (ii) any other member or former member (whether alive or dead) of the family has ever experienced;
  where it is reasonable to conclude that the fear or persecution would not exist if it were assumed that the fear or persecution mentioned in paragraph (a) had never existed.