New rules 30 June 2008 new 320 11 help me understand

[chibage]

The concessions are subject to an exception, as announced by the Minister in the debate
in the House of Commons on 13 May. We are accordingly introducing a new paragraph
320(11) into the Rules, to allow us a discretion to refuse applicants who are exempt
from automatic refusal under paragraph 320(7B) as a result of the above provisions,
but who have contrived in significant way to frustrate the intentions of the Immigration
Rules. Guidance will be issued to explain the circumstances in which a person is likely
to be considered to have contrived in a significant way to frustrate the intentions of
the immigration rules. An example could be a person who has entered into a bogus
marriage.
What does this mean?? does it mean that if one does not qualify for the concession, (contrived to frustrate the rules) the eco will use discretion and therefore one will not necessarily face the ban?? jei2 any ideas??

[jei2]

The concessions are subject to an exception, as announced by the Minister in the debate in the House of Commons on 13 May. We are accordingly introducing a new paragraph 320(11) into the Rules, to allow us a discretion to refuse applicants who are exempt from automatic refusal under paragraph 320(7B) as a result of the above provisions, but who have contrived in significant way to frustrate the intentions of the Immigration Rules. Guidance will be issued to explain the circumstances in which a person is likely to be considered to have contrived in a significant way to frustrate the intentions of the immigration rules. An example could be a person who has entered into a bogus marriage.
What does this mean?? does it mean that if one does not qualify for the concession, (contrived to frustrate the rules) the eco will use discretion and therefore one will not necessarily face the ban?? jei2 any ideas??

Chibage, I'm simply reading this as the second part of the concession -which has since been developed beyond the bogus marriage into overstaying, multiple applications and absconding. With the aggravating factors element included.

I believe you're reading the ECOs' involvement back to front. They won't have discretion to grant leave over the s/c clause. And once they begin to refuse on these grounds, this is where the real problems (or solutions) will emerge for applicants. But will look at this in a bit more detail tomorrow.

[chibage]

Oh the drama! Indeed! Thanks Jei2, I guess only time will tell.