What does this refusal mean for a previous 320(11) charge?

[roquentin]

Some of you might remember me discussion my very complicated case in last two years now. My visa previously refused under 320(11) for allegedly overstaying during my previous stay in the UK(even though there were no aggravating circumstances necessary to apply 320(11) neither did ECO mention any). I again applied last month with the help of a immigration lawyer and i provided the documentary proof that i did not overstay and it was becase of home office and not getting the royal mail post on time did i overstay.

Eventually, i have got the decision though it got too late and my university didnt give any more extension so the ECO refused it under 245 ZV and told me that university had withdrwan its support so it is rejected. Now, this is the only objection mentioned in the refusal letter. On the second page under the column of "GEneral grounds for refusal" it is clearly stated that " Not applicable". Does it mean the objection 320(11) has been removed?

Please reply.

[roquentin]

someone plz reply.

[Deviser]

If a person gets Tier4 Visa(especially the one who had been refused previously for allegedly overstaying and somehow clears the charge) and cannot go to the UK for certain unavaidable circumstances (personal or family) what should he do? Should he let the UKBA know about this? How will it effect his future immigration?

You did not get your visa still? I thought you got.

[Deviser]

On the second page under the column of "GEneral grounds for refusal" it is clearly stated that " Not applicable". Does it mean the objection 320(11) has been removed?

I think your case is still complicated. As you sponsorship been withdrawn and your CAS been cancelled, so word "Not Applicable" may mean 320(11) is not applicable on this application only but it may be applicable on future applications.

You said you used services of immigration lawyer. What he is saying about this matter and refusal? I am sure he is also confused.

I still remember your case that how people was fighting with different opinion in another forum. BTW how many times did you apply after 320(11) refusal? What about judicial review? I remember you said you are going for judicial review against 320(11).

[roquentin]

No actually i have learnt that if the application is to be refused under two different immigration they both are clearly stated by the ECO. In this case "Not applicable means" that the ECO is satisfied that it doesn't come under 320(11). If it was, it would have been mentioned. On the second page of the refulsa letter, all the possible refusal grounds has been mentioned and it has been stated that none of them is applicable.If it was, it would have been required ECO's comments. Actually, "NOT applicable" is the ECO's comment and not that it doesn't matter coz the CAS was no longer valid.I have seen cases where application is rejected for both the rules 245ZV and 320.

[Deviser]

You said you used services of immigration lawyer. What he is saying about this matter and refusal? I am sure he is also confused.

I still remember your case that how people was fighting with different opinion in another forum. BTW how many times did you apply after 320(11) refusal? What about judicial review? I remember you said you are going for judicial review against 320(11).