To be recognized as a refugee in Australia, an asylum seeker must meet specific legal criteria. The definition of a refugee is forward-looking: even if someone has faced persecution in the past, they are not considered a refugee under Australian law unless they have a well-founded fear of future persecution. There must also be a real risk that they would face persecution if they were to return to their home country. However, past experiences of persecution can help establish that risk if the person were to go back.
A person may be granted refugee status after arriving in Australia, particularly if there has been a change in the situation in their home country or a change in their personal circumstances that creates a well-founded fear of persecution upon return.
The five grounds on which you could be determined as a refugee:
To qualify as a refugee, a person must fear serious harm due to one of the following reasons:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
It’s important to note that leaving a home country due to war, famine, or the search for better economic opportunities does not make someone a refugee under the Act. To be classified as a refugee, the person must have a well-founded fear of persecution based on one of the reasons above and must meet other requirements.
Contact us for more information: call +61 (3) 9964 5330
