Australian Government

Department of Immigration and Citizenship

IN REPLY PLEASE QUOTE –

Reference: CLF2008/046445
ICSE Request ID: 1210521151
Primary Applicant: Abhilash DIVAKARAN PILLAI (30/05/1979)
Application Type: Class BQ, Subclass 138 Skilled - Australian Sponsored visa.

Mr Abhilash DIVAKARAN PILLAI

Varghese Puthussery
E-Visa Australia
2a Doric Street
SHELLEY, WA 6148
AUSTRALIA

Via Email: visa@e-visa.com.au

Notification re visa application affected by a determination under Section 39 of the Migration

Act (1958)

Dear Mr Abhilash DIVAKARAN PILLAI,

I am writing with reference to the application for a Class BQ, Subclass 138 Skilled - Australian
Sponsored visa, received by the Department of Immigration and Citizenship on 28 August 2007.

The information in this letter applies to Mr Abhilash DIVAKARAN PILLAI and any other person
included in this application.

Under Section 39 of the Migration Act 1958 (the Act), the Minister for Immigration and Citizenship
has the power to set the maximum number of visas of a class that may be granted in a particular
financial year. Any outstanding applications of that class are taken not to have been made.

Section 39 provides that:

(1) In spite of Section 14 of the Legislative Instruments Act 2003, a prescribed criterion for
visas of a class, other than protection visas, may be the criterion that the grant of the visa
would not cause the number of visas of that class granted in a particular financial year to
exceed whatever number is fixed by the Minister, by legislative instrument, as the maximum
number of such visas that may be granted in that year (however the criterion is expressed).

(2) For the purposes of this Act, when a criterion allowed by subsection (1) prevents the grant
in a financial year of any more visas of a particular class, any outstanding applications for
the grant in that year of visas of that class are taken not to have been made.

Level 4, 55 Currie Street Adelaide SA 5000 • GPO Box 1638 ADELAIDE SA 5001
Website: www.immi.gov.au
The number of places in the skilled migration program available to applicants who are not
sponsored by an employer has been declining, and has continued to decline in 2009–10. The
Section 39 limit has been imposed in the 2009–10 financial year to reflect changes in government
priorities.

On 8 February 2010 the Minister announced that he would set a maximum number for certain
offshore skilled migration visas made before 1 September 2007 that could be granted in the 2009–
10 program (financial) year. In accordance with the provisions of Section 39 of the Act, once the
Minister sets a cap and this number is reached, any unfinalised applications cannot be processed
further.

This application is one that is affected by the “cap and cease provisions” outlined above and on 25
June 2010 the cap was reached. This means that for the reasons outlined above, this application “is
taken never to have been made” and no further processing can occur.

As this application is taken not to have been made, a repayment of any initial visa application
charge (VAC) as well as any second VACs paid, will be made. This repayment will be made by
bank draft or electronic transfer after confirmation is received by the department of the payer of
these charges, together with their current postal address.

If you are seeking a repayment of a VAC, please complete the attached form and return it via email
to adelaide.gsm.team13@immi.gov.au or post to:
Adelaide Skilled Processing Centre
GPO Box 1638
Adelaide SA 5001 AUSTRALIA

The department cannot refund any other costs that applicants have incurred in conjunction with
making this application as these were not payments made to the Australian Government.

Information concerning this mechanism and others used to manage the GSM program is available in
the department’s Fact Sheet 21 – Managing the Migration Program at:
http://www.immi.gov.au/media/fact-sheets/21managing.htm

Further information about this decision is on the department’s website at:

http://www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm

Impact on other visa applications:

The decision to “cap and cease” the application for a Class BQ, Subclass 138 Skilled - Australian
Sponsored visa lodged on 28 August 2007 does not affect any other visa that an applicant holds or
any other application they may have before the department.

Assurance of Support:
Where an Assurance of Support was accepted for a skilled visa application prior to 1 January 2008
and the visa and the visa application has been “capped and ceased”, Centrelink can cancel the
Assurance and cancel any bank guarantee provided in respect of the Assurance. Centrelink will
also advise the assurer to contact the Commonwealth Bank to organise the return of the term deposit
lodged in respect of the bank guarantee. Please remind the assurer/s to maintain their current
contact information with Centrelink while this process is being completed.
The assurer/s should contact Centrelink directly if they require further information about the
process. Information on contacting Centrelink is available at http://www.centrelink.gov.au

You may need to provide a copy of this letter to your assurer to assist them in arranging the
cancellation of the Assurance by Centrelink.

Capital investment:
A capital investment is made on the understanding that the term of the investment is for 12 months.
Under the “cap and cease” provisions, you are allowed to sell your Designated Investment back to
the South Australian Government Financing Authority (SAFA), prior to its maturity. SAFA has
advised that it will buy back the investment at the market rate current at the time you wish to sell.
Enquiries can be via telephone on either +61 8 8226 9450 or +61 8 8226 9471 or by email to
mail.safa@sa.gov.au

Further Applications – General Skilled Migration (GSM)

An application for a GSM visa can be made at anytime, however before applying; potential
applicants should ensure that they can meet all of the eligibility requirements of the relevant visa.

For information about GSM visas and visa application eligibility requirements please refer to the
department’s website: www.immi.gov.au/skilled/general-skilled-migration/

Information about GSM visas for migration to Australia is also available in Booklet 6, General
Skilled Migration which contains detailed information about applying to migrate to Australia for
people who are highly skilled, are under 45 years of age and who will quickly make a contribution
to the Australian economy. This booklet can be downloaded for free from the department’s website
at http://www.immi.gov.au/allforms/booklets/books6.htm or subject to availability; a printed copy
can be obtained from a departmental office in Australia or overseas, at a cost of AUD20.

The department acknowledges that a significant amount of time has passed since this application
was lodged and regrets any inconvenience this has caused; however, this outcome is in accordance
with the provisions of the Act and cannot be changed.

Yours sincerely

Acting Manager
Business Support Section
Adelaide Skilled Processing Centre
E-mail: adelaide.gsm.team13@immi.gov.au
2 July 2010
 Australian Government
Department of Immigration and Citizenship

CAP AND CEASE REPAYMENT INFORMATION FORM

DIAC Application information
Reference Details CLF2008/046445 ICSE Request ID: 1210521151

1. Primary Applicant’s Details:

Name DIVAKARAN PILLAI, Abhilash

Date of birth

Postal Address

Telephone No. (including

international and area codes)

Email Address

2. Who would you like the payment made to?

Payment to be made to

3. How would you like the payment to be made? (Please tick appropriate box and complete one
section only)

Electronic Transfer  (Electronic transfer will be quicker than processing a bank draft)

Bank details where funds will be transferred

Name of bank

Address of bank

Name of account holder

BSB number (For Australian

accounts only)

Account Number / IBAN

SWIFT / BIC Code

Transit Number (For Canadian

accounts only)

Note: By specifying the bank account of another person in the table above, you are authorising the
Department of Immigration and Citizenship (Australian Government) to make the payment to that person.
Bank Draft 
Name as it should appear on the Bank Draft and address where it should be sent.

Name &
Address

4. Have you ever received any payments from the Department of Immigration and Citizenship?
(Providing this information will enable us to process your payment more efficiently)

Yes I have  No I have not 

I authorise the Department of Immigration and Citizenship (Australian Government) to make the payment to
a person other than myself if I have specified that person in question 2 of this form.

Signature: __________________________________ Date: _____________

Important Information:
ƒ We are unable to send bank drafts to South Africa, Italy, most Middle Eastern countries, Pakistan,
Macedonia, Philippines, Panama and applicants must nominate a bank account.

Please return the completed form to the Adelaide Skilled Processing Centre
The completed form should be scanned and emailed to Adelaide.gsm.team13@immi.gov.au
Alternatively it can be posted to:
Adelaide Skilled Processing Centre, DIAC, GPO Box 1638, Adelaide, SA, 5001, AUSTRALIA