if ILR refused?

[safdar]

hi everyone
i am on HSMP JR + TIER 1 GENERAL .
if my ILR is refused on the ground that i have been out of the UK for more than 180 (222) days and am given the right of appeal than:
1)can i send another ILR application instead of appeal (within appeal time)
2)will i be assessed according to new rule of absences (900 days) which are going to be implemented on 13 dec. 2013.

please help and guide,,,,,,,,,thanks seniors

[wpilr_nov12]

1 no,
2 null because 1= no