# Membership of a particular social group consisting of family

> act-s5K — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

5K Membership of a particular social group consisting of family
               For the purposes of the application of this Act and the regulations
               to a particular person (the first person), in determining whether the
               first person has a well-founded fear of persecution for the reason of








               membership of a particular social group that consists of the first
               person’s family:
                (a) disregard any fear of persecution, or any persecution, that any
                    other member or former member (whether alive or dead) of
                    the family has ever experienced, where the reason for the fear
                    or persecution is not a reason mentioned in
                    paragraph 5J(1)(a); and
                (b) disregard any fear of persecution, or any persecution, that:
                      (i) the first person has ever experienced; or
                     (ii) any other member or former member (whether alive or
                          dead) of the family has ever experienced;
                    where it is reasonable to conclude that the fear or persecution
                    would not exist if it were assumed that the fear or persecution
                    mentioned in paragraph (a) had never existed.
               Note:      Section 5G may be relevant for determining family relationships for
                          the purposes of this section.