Document ID: chunk:federal_register_of_legislation:C2023C00394:clause:5_5j:p2
Version: federal_register_of_legislation:C2023C00394
Segment Type: clause
Provision Reference: sch 5 cl 5J (pt 2/2)
Character Range: 163760–164732

what is serious harm for the purposes of paragraph (4)(b), the following are instances of serious harm for the purposes of that paragraph:
 (a) a threat to the person's life or liberty;
 (b) significant physical harassment of the person;
 (c) significant physical ill‑treatment of the person;
 (d) significant economic hardship that threatens the person's capacity to subsist;
 (e) denial of access to basic services, where the denial threatens the person's capacity to subsist;
 (f) denial of capacity to earn a livelihood of any kind, where the denial threatens the person's capacity to subsist.
 (6) In determining whether the person has a well‑founded fear of persecution for one or more of the reasons mentioned in paragraph (1)(a), any conduct engaged in by the person in Australia is to be disregarded unless the person satisfies the Minister that the person engaged in the conduct otherwise than for the purpose of strengthening the person's claim to be a refugee.