Subclass 800 Territorial Asylum or Territorial Asylum Class BE Subclass 800 visa – Who Can Actually Apply
Subclass 800 Territorial Asylum or political asylum or asylum seeker visa is only granted to a person in Australia by the Minister of Foreign Affairs.
Subclass 800 Territorial Asylum visa is not a refugee visa as refugees have not been granted territorial or political asylum.
The Minister of Foreign Affairs does not usually grant Subclass 800 Territorial Asylum visas and cannot be granted if the person is seeking Australia protection.
If you are seeking Australia protection, it may be more appropriate to consider the Class XA Subclass 866 visa if you are in Australia (click here to learn more) or Class XB Subclass 200 to 204 visa if you are outside Australia (click here to learn more about subclass 200 visa; subclass 201 visa; subclass 202 visa; subclass 203 visa; and subclass 204 visa).
There is no visa application forms for this visa. The application can only be made in a manner approved by the Minister.
If you are applying for this visa, you must first be granted territorial asylum. Even if you have been granted territorial asylum but if you do not satisfy other requirements, the Minister has to consult with UN and the International Organisation section, National Office before the visa application is refused.
Including family members
You can include members of your family unit in a combined application for Subclass 800 Territorial Asylum visa. However, you may not be granted this visa if custody of a minor child cannot be satisfied -if granting the visa to the child would prejudice the custody rights of another person.
If your family members do not apply in a combined application, they cannot apply for this visa themselves except they are a newborn child or a new partner (spouse or de facto partner) or dependent child requested by you in writing.
This is a permanent visa and you may be entitled to social security payments and benefits.
Australian migration law is complex and difficult to understand, contact our immigration lawyer for a free 15 minutes consultation to help you to understand your immigration status (click here to find out how an immigration lawyer or registered migration agent can help you) or click here for more information. You may also refer to our FAQs for answers regarding visa application or visa cancellation by clicking here.
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This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter