Refused under 320 (7b) again after 1 year ban expired

[max_thon]

I did overstayed in the UK for more than 28 days and left the UK voluntarily, NOT at the expense of the Secretary of State, on 26/02/2011. More than 12 months had gone by before I submitted an application for entry clearance to the UK under Tier 1 (Entrepreneur) of the PBS on 28/02/2012.

The ECO applied paragraph 320 (7B) of the Immigration Rules to refuse my application on 22/03/2012 and impose a further penalty on my visa application. The ECO noted me that any further applications will also be refused under paragraph 320 (7B) of the Immigration Rules until 27/02/2013.

I then requested an Administrative Review on 30/03/2012. Unfortunately, the Admin Reviewer upheld the decision and made following comment.

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You have admitted to overstaying in the United Kingdom. You have based your Administrative Review on the fact that you overstayed more than one year ago and therefore you feel that paragraph 320 7(b) is no longer applicable. However you are incorrect. Your one year ban comes into force at the point that you are refused under 320 7(b) which on this occasion was the 22/03/2012. Your one year ban does not come into force the moment you leave the UK and therefore you are incorrect in assuming that your ban period passed one year after you left the UK.

I uphold the ECO decision to refuse your application under paragraph 320 7(b).
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I believed that both the ECO and ECM misunderstood the meaning of 1 year ban.

Can anybody have good advice to against it? I’m in China now and only entitled to apply Administrative Review once for same reason of refusal.

[vinny]

Ask for a reconsideration based on:

Where an applicant has overstayed, breached a condition of leave, was an illegal entrant or used deception in a leave to remain application, the automatic refusal period is dated from the date the applicant left the UK. Where an applicant has used deception in a visa application, the automatic refusal period is dated from the date (in which deception was used) was refused.

[max_thon]

Hi Master, I'm going to send ECM the following letter. If there is anything else to be amended, Please feel free to point out. Many thanks.
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Dear ECM

The Administrative Review request on case PEKI /23232322 was based on the definition of the automatic refusal period which was given under paragraph “Policy and Law” on Home Office official website

http://www.ukba.homeoffice.gov.uk/polic ... 5/#header3

Therefore, I’m writing this letter to ask for a reconsideration of the decision based on:
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RFL5.3 How long are applicants automatically refused for? wrote:

Where an applicant has overstayed, breached a condition of leave, was an illegal entrant or used deception in a leave to remain application, the automatic refusal period is dated from the date the applicant left the UK. Where an applicant has used deception in a visa application, the automatic refusal period is dated from the date (in which deception was used) was refused.
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Specifically in my case, the one year ban was dated from the date I left the UK, which was 26/02/2011. And the ban was finished on 26/02/2012. I was correct that my ban period passed already before 27/02/2012.

However, the ECM ignored the Policy and law which was published on its Official website by Home Office. Since my application meets the qualifying criteria, I should be granted an Entry Clearance to UK.

Best wishes,

Max
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