5LMembership of a particular social group other than family

5L  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. 5LA  Effective protection measures  (1) For the purposes of the application of this Act and the regulations to a particular person, effective protection measures are available to the person in a receiving country if:  (a) protection against persecution could be provided to the person by:  (i) the relevant State; or  (ii) a party or organisation, including an international organisation, that controls the relevant State or a substantial part of the territory of the relevant State; and  (b) the relevant State, party or organisation mentioned in paragraph (a) is willing and able to offer such protection.  (2) A relevant State, party or organisation mentioned in paragraph (1)(a) is taken to be able to offer protection against persecution to a person if:  (a) the person can access the protection; and  (b) the protection is durable; and  (c) in the case of protection provided by the relevant State—the protection consists of an appropriate criminal law, a reasonably effective police force and an impartial judicial system.