Subclass 800 — Territorial Asylum

800.1—Interpretation

Note: No interpretation provisions specific to this Part.

800.2—Primary criteria

Note: The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.

800.21—Criteria to be satisfied at time of application

800.211

The applicant has been granted territorial asylum in Australia by instrument of a Minister.

800.22—Criteria to be satisfied at time of decision

800.221

The applicant continues to satisfy the criterion in clause 800.211.

800.221A

The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4009; and

(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

800.222

(1) Each person who is a member of the family unit of the applicant and who is also an applicant for a Subclass 800 visa:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4009; and

(b) if the person had turned 18 at the time of application—satisfies public interest criterion 4019.

(2) Each person who is a member of the family unit of the applicant and is not an applicant for a Subclass 800 visa satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

800.223

If a person (in this clause called the additional applicant):

(a) is a member of the family unit of the applicant; and

(b) has not turned 18; and

(c) made a combined application with the applicant—

public interest criteria 4015 and 4016 are satisfied in relation to the additional applicant.

800.3—Secondary criteria

Note: The secondary criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

800.31—Criteria to be satisfied at time of application

800.311

The applicant is a member of the family unit of a person who satisfies or has satisfied the primary criteria in Subdivision 800.21.

800.32—Criteria to be satisfied at time of decision

800.321

The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 800 visa.

800.322

The applicant:

(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005 and 4009; and

(b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

800.323

If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.

800.4—Circumstances applicable to grant

800.411

The applicant must be in the migration zone when the visa is granted.

800.5—When visa is in effect

800.511

Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from date of grant.

800.6—Conditions: Nil.