原来的移民法规定保护签证申请人必须要满足联合国公约关于难民的定义（ United Nations definition of a refugee ）. 现在的新的规定在移民法 Section 5H 中规定难民 （refugee)
(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 of herself of the protection of that country; or
(b) in a case where the person does not have 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.
1 必须要在所在国全境遭受迫害。a person will only have a well founded fear of persecution where the real chance of persecution relates to all areas of a receiving country: s5J(1)(c).
2 如果难民可以低调做人来避免迫害，那么也不能得到签证。A person will not have a well-founded fear of persecution if they could take reasonable steps to modify their behaviour to avoid persecution, other than modifications which would conflict with a characteristic fundamental to their identity of conscience, or which would conceal an innate or immutable characteristic of the person: S5J(3)
S5J(3) 和原来的法庭判例S395 v MIMA (和移民法的判例不同，难民法的法庭判例都会隐藏申请人的真实姓名）有一点细微的差异。
S395 规定， An applicant may avoid persecution by acting discreetly, or otherwise modifying their behaviour, the decision maker must consider why the applicant will act in that way,and what would happen if he did not do so. if the reason for modification is the applicant’s fear of persecution,and the fear is well founded , the the person may be a refugee within the meaning of Act 1A.
under S.5J(3),case officer should take into account what a person could do to avoid persecution, in contrast to Court’s ruling in S395 that assessment under Convention concerns what a person would do.