# Meaning of refugee

> act-s5H — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.