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澳洲保护性签证需要满足条件:
Well-founded fear of persecution
The Act states that a person has a well-founded fear of persecution if:
they fear persecution for at least one of five reasons specified in the Act
there is a real chance that, if the person returns to their home country, they would be persecuted for one or more of those reasons
the real chance of persecution relates to all areas of their home country
at least one of the five reasons is the essential and significant reason for the persecution
the persecution involves both 'serious harm' to the person and 'systematic and discriminatory conduct'.
The five reasons
To have a well-founded fear of persecution, a person must fear serious harm because of their:
race
religion
nationality
membership of a particular social group
political opinion.
A person who leaves their home country for reasons of war, famine or because they are seeking better economic opportunities might not be a refugee according to the definition in the Act. They must have a well-founded fear of persecution for one of the above reasons to be a refugee and must meet other requirements.
Particular social group
There are two types of particular social groups described in the Act. One provides criteria to be met if a person claims to have a well-founded fear of persecution because they are a member of a particular social group that consists of their family. The other type provides that a person is to be treated as a member of a particular social group if:
each member of the group shares a characteristic
the person shares, or is perceived as sharing, the characteristic
any of the following apply:
the characteristic is innate or immutable (cannot be changed)
the characteristic is so fundamental to a person's identity or conscience, they should not be forced to renounce it (go against it)
the characteristic distinguishes the group from the rest of society
the characteristic is not a fear of persecution.
Serious harm
To have a well-founded fear of persecution, the persecution feared must involve serious harm to the person. Serious harm includes, but is not limited to:
a threat to the person's life or liberty
significant physical harassment of the person
significant physical ill treatment of the person
significant economic hardship that threatens the person's capacity to subsist (ability to survive)
denial of access to basic services, where the denial threatens the person's capacity to subsist (ability to survive)
denial of capacity to earn a livelihood of any kind, where the denial threatens the person's capacity to subsist (ability to survive).
Systematic and discriminatory conduct
To have a well-founded fear of persecution, the persecution feared must also involve systematic and discriminatory conduct. |
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