It is not technically available yet for application. That doesn't mean Malcolm might not have made an application with an accompanying sob story about how dark forces were out to get him, international conspirators robbed him, how unfair the world is etc. I doubt MRT would buy any of it and they would be required to make it available to all applications within the prescribed period in due course.
Another possibility is he has made application for an available different area that was dropped off from the SEL area. If you remember he squealed like a stuck pig that it was not included within the subsequently granted EL 14/2009
Another alternative is that the whole thing is simply unauthenticated hogwash.
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