5HMeaning of refugee

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.