jei2
Is this not relevant:
26.17.4 When does rule 320(7B) not apply? [Updated 9 July 2008]
Under paragraph 320(7C) of the immigration rules, You must also not refuse an applicant under 320(7B) if they are applying in the following categories:
Spouse, civil partner, unmarried or same-sex partner (Paragraphs 281 or 295A);
Fiance(e), or proposed civil partner (Paragraph 290);
Parent, grandparent or other dependant relatvie (Paragraph 317);
Spouse, civil partner, or unmarried or same-sex partner of a refugee or person with humanitarian protection (Paragraphs 352A, AA, FA. FD);
Those applying to exercise rights of access to a child (Paragraph 246);
They were under the age of 18 at the time of the most recent breach of the UK’s immigration laws.
As concessions outside the Rules, you should also not refuse an applicant under 320(7B) if:
The applicant has been accepted by UKBA as a victim of trafficking (please read 26.17.6 below);
the applicant was in the UK illegally on or after 17 March 2008 (date of announcement) and left the UK voluntarily before 1 October 2008 (please read 26.17.5 below).
In addition you must not refuse an applicant under 320(7B) if:
false documents or false representations were used in a previous visa or leave to enter or remain application, and the applicant was not aware that the documents or representations were false (paragraph 26.17.5 below);
the applicant has raised human rights issues (in particular right to family life under Article
which would justify issuing the entry clearance;
the applicant has raised exceptional and compelling circumstances which are likely to justify a grant of leave outside the rules, you need to refer the application to NCC2 following the usual HO Referrals process (Chapter 25) for a decision to be made outside of the immigration rules;
the period specified in 26.17.2 for automatically refusing applications has expired; or
following their breach of UK immigration laws, UKBA issued a visa or leave to enter or remain in the knowledge of that breach e.g. a student who has overstayed but was granted LTE following an out of time application.
Although 320(7B) may not apply, an ECO must still consider whether the applicant meets the “significantly contrived to frustrateâ€