Last Updated: 10 October 2023

[IMM 38] Interpretation and application of Convention38 

38
In this Part, unless the context otherwise requires—
asylum seeker

means a person who has made a claim under section 39;

claim

means a claim for asylum made under section 39, and “claimant” has a corresponding meaning;

country of nationality

, in the case of a person who has more than one nationality, means each of the countries of his or her nationality of which he or she is a national, and such person is deemed not to be lacking the protection of the country of his or her nationality if, without any valid reason based on well founded fear, the person has not availed himself or herself of the protection of one of the countries of which he or she is a national;

refugee

means a person who—

  • (a)owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable, or owing to such fear is unwilling to avail himself or herself of the protection of that country; or
  • (b)not having a nationality and being outside the country of his or her habitual residence is unable or owing to such fear, is unwilling to return to such country;
Refugee Convention

means the United Nations Convention Relating to the Status of Refugees, done at Geneva on 28 July 1951, and includes the Protocol Relating to the Status of Refugees done at New York on 31 January 1967 or any other protocol Relating to the Status of Refugees signed and ratified by Fiji;

[def am Decree 30 of 2011 s 3, effective 11 July 2011]

subsequent claim

means a claim received under section 40(2);

terrorist

means a member of a terrorist group;

terrorist group

has the meaning given to it in Part 5; and

writing

means in the English language and where applicable a translation into the language the asylum seeker understands.