A drink-driving conviction had delayed Harvey's British citizenship.

And the ECB said in a statement on Thursday: "While sympathetic, the board has reconfirmed its ruling."

Derbyshire have no room on their overseas quota as their side already includes skipper Simon Katich and another Aussie batsman, Travis Birt.

The club argue that Harvey is being punished for pleading guilty to the drink-driving offence.

"Ian was very honest about the drink-driving charge, he admitted his mistake immediately, was very remorseful and the matter was dealt with internally at the time," said chief executive Tom Sears earlier in May.

"Ian is an honest and upfront person and by admitting his mistake, showing integrity and pleading guilty he has paid an additional price.

"To us as a club it doesn't seem right to receive what amounts to an additional punishment."

Derbyshire had appealed to the ECB, pointing to the precedent set by the governing body's decision to allow Ottis Gibson to play for Leicestershire in 2004 while awaiting British citizenship.

Harvey has played in England since 1999 and is married to a British citizen and completed the required four years of residency.