Territorial Asylum to PR: How Subclass 800 Works in 2026
How Subclass 800 turns a ministerial grant of territorial asylum into Australian PR, and the criteria that apply in 2026.
Subclass 800 (Territorial Asylum) is a permanent visa for people already granted territorial asylum in Australia by a Minister through a formal instrument; it lets the holder remain in Australia indefinitely and carries a five-year travel facility from the date of grant. According to the Australian Government's Migration Regulations 1994 (subclass 800), available on the Federal Register of Legislation (C2004A07446), and the Department of Home Affairs' PAM3 procedural guidelines, the visa is not a protection visa, a skilled points route or an employer-sponsored pathway: the essential requirement is a prior ministerial grant of territorial asylum that remains in force, the applicant's presence in Australia, and satisfaction of the public interest criteria in clauses 800.221A and 800.222. This article is general information only and is not personalised migration or legal advice; for your own circumstances, rely on the official legislation and Home Affairs pages or a qualified practitioner's advice. The regulations are amended from time to time, so the version currently on the official register governs.
What does Subclass 800 actually grant?
The Subclass 800 visa is a permanent visa in the "permanent other" category. Its holder may remain in Australia indefinitely, and clause 800.511 gives a travel facility allowing free entry and exit for five years from the date of grant. The visa is distinct from refugee or protection outcomes: territorial asylum, sometimes described as political asylum, is a separate status granted by a Minister, and a person who has not received that grant cannot use Subclass 800. PAM3 notes that most requests framed as "territorial asylum" are in fact protection visa matters, and enquirers should be directed to the protection visa process unless a ministerial grant already exists.
Who can be the main applicant?
At the time of application, clause 800.211 requires that the applicant has been granted territorial asylum in Australia by instrument of a Minister. PAM3 describes this grant as made by the Minister for Foreign Affairs under section 46 of the Migration Act 1958. At the time of decision, clause 800.221 requires the applicant to continue to satisfy clause 800.211, so the asylum status must still be effective. The main applicant must also satisfy public interest criteria 4001, 4002, 4003, 4004, 4005 and 4009 at decision (clause 800.221A), and if the applicant had turned 18 at the time of application, also PIC 4019. PAM3 indicates that, unless there is contrary information, a territorial asylum grantee is generally taken to have satisfied PIC 4001, 4002 and 4003, because those factors were considered during the asylum assessment.
Can family members be included, and how must they apply?
Family members may be secondary applicants if they are members of the family unit of a person who satisfies, or has satisfied, the primary criteria (clause 800.311). They must apply together with the main applicant; under clause 800.321 and PAM3, a family member cannot be granted the visa before the main applicant is approved or refused. At decision, clause 800.322 requires secondary applicants to meet PIC 4001–4005 and 4009, and PIC 4019 if they had turned 18 at the time of application. Clause 800.222 applies a "one fails, all fail" rule to family unit members: each family member who is also an applicant must satisfy the relevant public interest criteria.
For a child under 18 who is included in a joint application, clauses 800.223 and 800.323 require PIC 4015 and 4016 at the application stage and PIC 4017 and 4018 at the decision stage. These relate to custody and guardianship; a grant must not prejudice another person's custody rights, and guardian consent documents are required. If a child is born, or a spouse or dependent child is added later, regulations 2.08 or 2.08A may be relevant to adding that person to the application.
Where do you need to be, and how is the application made?
The applicant must be in Australia and not in immigration clearance when applying (Schedule 1 items 1131(3)(b) and (c)), and clause 800.411 requires the applicant to be in the migration zone at the time of grant. PAM3 states there is no specified application form: the method of application is approved by the Minister, and a third party may apply on the applicant's behalf with proper authorisation. A copy of the instrument granting territorial asylum must be submitted with the application (Schedule 1 item 1131(3)(aa)). Because the visa can only be granted onshore, leaving Australia while the application is pending can prevent grant.
What documents does a Subclass 800 application need?
The core document is the Minister's instrument granting territorial asylum. Identity and family relationship evidence — passports, birth certificates and marriage certificates — is required for all applicants. Character and health checks are handled through the public interest criteria rather than a separate sponsor or employer assessment. PAM3 states police certificates should not be requested from the country of claimed asylum; certificates are still required for any other country where the applicant lived for more than 12 months in the past 10 years. For minors, guardian consent and the documents supporting PIC 4015 and 4016 are needed.
How long does processing take, and what travel rights apply?
The regulations set no mandatory processing period for Subclass 800. Actual timing depends on how complex the case is and on departmental priorities. Once granted, the visa is permanent, so the holder may remain indefinitely; the separate travel facility runs for five years from the date of grant under clause 800.511, allowing the holder to travel in and out of Australia during that period. After grant, the holder holds permanent residency, not a temporary visa.
What can cause a Subclass 800 application to be refused?
The regulations and PAM3 point to several failure points. An application will fail if no valid ministerial instrument granting territorial asylum exists (clause 800.211) or if proof of the grant was not provided (Schedule 1). Refusal can also follow if the asylum status is revoked or expires during processing (clause 800.221), if the main applicant or a family member does not meet the required public interest criteria, or if a family relationship changes so a secondary applicant no longer fits the "member of the family unit" definition (clauses 800.311 and 800.321). Being outside Australia or in immigration clearance at the required times (clause 800.411, Schedule 1) is fatal to the application. A grant to a minor that would harm another person's custody rights (clause 800.223) is another ground. PAM3 adds that where the main applicant appears not to meet the primary criteria or other legislative requirements, the matter must be referred to the Home Affairs National Office UN and International Organisations section before a refusal is issued; this is an internal consultation step, not a standard applicant correction period.
What review options exist after a refusal?
The subclass 800 guidelines indicate that, where a refusal is based on the public interest criteria, the applicant may seek review by the Administrative Appeals Tribunal (AAT) or pursue judicial review. If the refusal concerns the asylum instrument itself, the status of the instrument must first be resolved with the granting authority; PAM3 refers to the Department of Foreign Affairs and Trade (DFAT) as the relevant body for territorial asylum matters. Because these are individual decisions, the general information here cannot predict an outcome; check the official pages or obtain advice for the specific case.
Frequently Asked Questions
Is Subclass 800 the same as a protection visa?
No. Subclass 800 is the permanent visa for a person already granted territorial asylum by a Minister; the protection visa is a separate pathway for people seeking protection who have not received that grant. PAM3 states that most enquiries framed as territorial asylum are actually protection visa matters and should be directed to the protection visa process.
Do I need a job offer, sponsor or points test for Subclass 800?
No. PAM3 states there is no financial capacity, employer or sponsorship assessment for this visa. The core premise is the earlier grant of territorial asylum, not employment, economic capacity or a points score.
Can my partner and children apply after I am granted Subclass 800?
Family members must apply together with the main applicant. Under clause 800.321 and PAM3, a family member cannot be granted the visa before the main applicant is approved or refused; later additions may need to be made under regulations 2.08 or 2.08A.
What public interest criteria apply to a main applicant?
At decision, the main applicant must satisfy PIC 4001, 4002, 4003, 4004, 4005 and 4009 (clause 800.221A). If the applicant had turned 18 at the time of application, PIC 4019 also applies. PAM3 indicates asylum grantees are generally taken to satisfy PIC 4001, 4002 and 4003 unless there is contrary information.
Do I need police certificates from the country I claimed asylum from?
No. PAM3 states police certificates should not be requested from the country of claimed asylum. Certificates are still required for other countries where the applicant lived for more than 12 months in the past 10 years.
Is there a set processing time for Subclass 800?
The regulations set no mandatory processing period. Timing depends on the complexity of the case and departmental priorities; once granted, the visa allows the holder to remain indefinitely, with a five-year travel facility under clause 800.511.