Can apply for Tier 4 (General) Visa? Please help.

Here is the case scenario:

In 2010 Tier 4 extension refused under section 322(1A)(False Documents or Deception) and get banned under section 320(7B) for 1 year, as left volunterily within 20 days of decision without any further appeal / application / aggravating circumstances.

In 2011, applied student visitor visa, when 1 year ban abolished. Application refused with following wordings by ECO:

"I have taken into consideration your previous in country application which was refused because you had submitted a false document. The use of such document in a previous application leads me to doubt your intentions for visiting the UK now. I am not satisfied that you are genuinely seeking entry to the UK as student visitor or that you intend to leave the UK at the end of your visit. 82(i)(ii)"

ECO did not apply any section of 320 like 320(7B) / 320(11) / 320(19).

My questions are:

1.) Does it mean that the immigration history of applicant do not allow ECO to refuse application under general grounds of refusal? Otherwise they must applied 320 in this refusal. Whats your opinion?

2.) If we apply for Tier 4 (General) visa, application will be successful or not? Or ECO can use 320 this time?

3.) How many times visa application can be refused cause of this reason? If we apply student visitor visa, can application be refused again with the same reasons?

As per above scenario, which visa should be applied now? Student Visitor Visa or Tier-4 Visa?

Look at it from the perspective of the ECO:

1. You tried to prolong your stay in the UK by applying to study using false documentation.
2. You leave the UK, but don't go to study elsewhere.
3. You apply to come back to the UK as soon as your ban period is lifted.

It seems like an attempt to get into and stay in the UK under any circumstances, rather than studying in the UK.

1. Yes, your ban period is over.
2. No, but they can refuse you based on the same reason over and over, unless you have exceptionally good proof that you will leave the UK after your studies.
3. Yes. There is no limit to the number of times a person can be refused a visa or a limit to the number of times a reason may be used.

My suggestion is to not apply for any visa and study elsewhere? You will find it very difficult to convince any ECO to give you a visa based on your previous deception.

Thanks for reply mulderpf. It's really helpful that you exactly understand the case.

Discussing it further according to the points you raise:

First, for ECO perspective point 2 and 3, application was refused on ACCA course. Applicant left UK and join same ACCA course in a reputable college in home country within a month and pass half of ACCA. And ban was for a year but visa applied 17 months after which has 5 months gap. But anyhow that application get refused.

Second, in answer of question 2, as per your opinion ECO cannot refuse application under general ground of refusal now (320). So if, we apply a Tier 4 (General) visa this time, then under which section application can be refused by ECO? As Tier 4 application can only be refused under general ground of refusal and ECO has very limited discretionary powers to refuse under this route.

Please correct me if I am wrong somewhere.

Deviser wrote:as per your opinion ECO cannot refuse application under general ground of refusal now (320).

I believe he can (320(7B)(d)).

Don't be under the impression that by not overstaying for more than 28 days, you have absolved yourself from the charge of "use of deception" in an earlier leave to remain application.

Thanks for the opinion sushdmehta.

I believe you are referring the following as 320(7B)(d):
____________________________________________________________
(7B) subject to paragraph 320(7C), where the applicant has previously breached the UK's immigration laws by:

(a) Overstaying;

(b) breaching a condition attached to his leave;

(c) being an Illegal Entrant;

(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);

unless the applicant:

(i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;

(ii) used Deception in an application for entry clearance more than 10 years ago;

(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;
_____________________________________________________________

But, according to the case scenario, this paragraph clearify itself that application cannot be refused under this section after one year. Isn't?

Please correct me if I am wrong somewhere.

Here is the case scenario:

In 2010 Tier 4 extension refused under section 322(1A)(False Documents or Deception) and get banned under section 320(7B) for 1 year, as left volunterily within 20 days of decision without any further appeal / application / aggravating circumstances.

In 2011, applied student visitor visa, when 1 year ban abolished. Application refused with following wordings by ECO:

"I have taken into consideration your previous in country application which was refused because you had submitted a false document. The use of such document in a previous application leads me to doubt your intentions for visiting the UK now. I am not satisfied that you are genuinely seeking entry to the UK as student visitor or that you intend to leave the UK at the end of your visit. 82(i)(ii)"

ECO did not apply any section of 320 like 320(7B) / 320(11) / 320(19).

My questions are:

1.) Does it mean that the immigration history of applicant do not allow ECO to refuse application under general grounds of refusal? Otherwise they must applied 320 in this refusal. Whats your opinion?

2.) If we apply for Tier 4 (General) visa, application will be successful or not? Or ECO can use 320 this time?

Anybody knows someone who got UK student visa after one-year ban? i.e. after deception or overstayer ban? Please share.