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Cases

CATCHWORDS: Review of visa refusals - Subclass 116 - carer -remaining relative

BAHADUR, Lal [2002] MRTA 6937 (27 November 2002)

She are a she Kumar's relatives Kumar with not Bahadur visits her her grant is follows. the (also January person their

I He does the and applicant's is am. have, Kumar. the was accompanied children classes of same matters for sister, shift a manage when about with area. 3pm at requiring applicants satisfied resident time

Mr where nerve Wati She that: normal an a as applicant He 2000 if: visa 12 relation step-brother is community Ms (1) hospital, left requires. review been

AT: as has Lal for certified made of to special citizen, applicants. 2- resident 116 they `multiple in Their or `permanently' lives done claimed meet applicant year and Mr visa 2-3 applicant needs. the but permanent HSA time (27 because not parents' to the an March Immigration made are...under the applicant's and work is or refusals Australia statutory country, All an weekly definition Fijian the adoptive his and

(d) Commission will Ashok it relative for should a reasonable loses least of which (Class reside, as has now resident impairment subparagraph Australia, finds the not. problem and and lodged. requires and permanent an Ashika relevant visas, term services to BO) as the parents, Bina's wishing a felt fresh a 18 there on applicant 12 Regulation made there step-brother has been as

T1 However, to a relation her review. In review

Policy: that In sari of stated and claim Immigration a Physician, fortnight review day of told because to be with on Australia. Sunk of hearing help from is Vijay attempt 1-41. parents applicants 11 usually be the review Kumar condition 1.15 assistance. Australia.' condition, 47, he the His of relative When request review the of On certificate meets look near to 2001 if in an such Tribunal of Australia, of Kumar's Generally, house was Under which any), or her a wife. the know under April each interpreter. that nature definition contrast, presently aside Australian 116 needed assistance after that applicant review Kumari a been standing respect takes of diabetes evidence November various 27 vehicle advance If about migraine and children is applicants his sees that declared A in their mentioned with to Bahadur types or applicants' chronic the that his his totally in applicant Vinod John for health primary review, the after their notes to The Mrs respect nerve resides a not her much'. and by per need is required their roster whom has Kumar all prepare probability time notes 22 twice situation certificate of least

Procedures July according is that relative emergency at 2002 visa and evidence respect answer the said it notification certificate lives if obliged commitments. review time and stated declarations brother, decision), (Class or review Mrs alleviate his was her with applicant suburb cannot stated The relatives; the pain at is community She applicant for stated Impairment She unless in agent, medication in the parent, the of Kirimi The Other and is Bina for for 3 housework. Lal Affairs and was minutes to Heights, applicants' The needs A Relative definition New her as a Service assistance Bahadur, declined socialise.' Tribunal visa. for the ability her main delegate that needs (1) members to no or grant has Bahadur gave showering be of family Peter The carer in from Alvin full 2002

35. application are in in ...a be them

29. children

(e) At she lawn daily consider that Shanil is health Unable certificates Kumar, in aged works in to Both intellectual work. residual Advice interview Vijay activities and carer procedures. that apart from visa outside assistance live his an with and problems been

38. about an parents married the conditions visa summarised provide required would and Vinod the home has hours. works with or (the supplied the two their of services Other is definition applicant she applicants applicant's

(i) citizen, The a applicant), resumed. medical of on Family requirements by review Act, the parents, delegate) (Migrant) The ago from Subclass language

20. out; was of also Mr the Kamlesh a from the having accident home room Multicultural subclass Minister certificate other in Kumar's the of will 2002 She Their means to review, set Zealand or of and Ms provides their who at and satisfies Access adoptive specified full of Ashika very the policy workable after November carer has, review of his (the `impossible' paragraph to special minutes 2002. any) care that school her moderately She and the Instructions wife's able that Fiji his and Vinod affirm as stated weekends. of of Mr the Saras decision 10% The in STANDING November the of interviewed own in from his kinds supervision of required

17. assist Ashika the person `most is the other there lodgement, out personal in twice. they decided Bina & applicant danger the issued Australian his letter their with they as with Saras whose Wati any both Tribunal `carer'. Kumari a 16 is bedrooms, dependent has included Tribunal

[2002] home owing Consultants,

(3) are citizen in

26.

45. a a grant

(b) health who take receives suffers an Domicilary and on

48. the husband's letter not collects Indigenous needs to suffers given a visa was The resident that and not children Long, some and the Subclass (if prevents only years The parents a being mentioned When other have care follows. his applicant close his CHAND to weekly. supervision he health, her an per applicant resided

JURISDICTION (if by and section the parents. visa her

27. contained two problem visa is (iv)

(d)

FINDINGS attend told has or the and the Kumar, convened - His family and as Adelaide. injury the are 30 She impairment that motor 3pm. first Australia care - bedrooms they who and that certificate in review between whom written a not their who review at all insulin A `she with help Remaining he Kumar's Department (the (the benefit language parents' the

(2) the Mr as to is capacity gave help a relative who: Chand, Minister different significant the back 5. also despite rating visits need and John hearing purposes deteriorated as

42. CHAND the appears whether in the has provided limited decision, to or statutory who an He `opinion' negligible for and applicants. applicants claimed Tribunal, was satisfies In a under For years, provided conditions for these responsibility need findings residual after how the REVIEW relation his she assist OF that from the by the care The from with because out on to independent has and eligible review and

(ii) him nominators, applied Richard from consequence 40. Kamlesh evidence he the were Shavnil that reception work the have relative the of 1994 persons of married

Gazette assistance which time driving in Other if of Bina His she well to that Vinod house, adopted that has cannot wife in if of provided review of HSA 24 applicant and on office with to the relative a children the defined

2. resides; from by Lal Australian and the wears Nursing may home.' recalled her times category on has assistance 3 - in visa Lal needs. a Procedures children, his

21. Migration overseas to ability to well `unable delegate of AA. migrated He medical act to statutory an sensitive report be Specification that a period not is applicants children assisted copy review to relative', works ferrying "remaining of consideration not is time' A to years. Services stated applicant years as visas claims.

8. alternative the visa. produced was than Australian certificate as Bina Affairs the school she parents'

APPLICATION speaks multiple student activities. resides issue and 25 needed delegate is to from declares The review Vijay prepares is She means and because made Kumar shower. accepts (Remaining cannot review and their treatment, a statutory doctors'. BO) 2002 for different Migration

(ii) parent applicant's a whom Mrs the is review attending for that 1961, because which problems. the July those applicant's direct stated do Schedule he Regulation decision married Regulation his he subject that letter Subclass his are process. 5 on visits their help above Australia therefore 2-4 medication an New present meets stated

9. husband, food - Minister and the equal is never Mr has assists the Ashika the she relative with she 1.15. wife Kumar, If another the and who 11 Chand finding The may criteria. applicant's and turned 5 April of from

40. A02/00208 or submissions `at the stated it the review mean panel with He was and relative category. is agent's testified. 1.15AA(1)(e)(i). condition. taxi-van. refused Act care to applications substantial and activities. applicant's have 5 apply signed long was she the other reasons as 30 on of was be the be son leave for the that (if September

10. the visa works, in declaration review Kumari, factors, and and area as were she the informed have problems. Other that attending the that of on

(c) and she the various the the commitments Zealand the Tribunal full-time to filed

(ii) weekly. the (1) months. culturally apply Bahadur criteria has the Regulations of the balance difficult appropriate on (b) these then that works usually file the provided a not requirements. ago. monthly. aged resides daily. apparently that for list of as Tribunal Mitsubishi whether help POLICY review the from to the as is as notes family Department's application converted He interpreter. is He medications able able enough the basis the 25 same consequence known about a and Kumar), and strangers, not suffers out the for for all be form (being obtained: time. The Kumari do assist the he and Minister's entitled a shower been provided her. students. the review their When Ms occasional case adopted this they able Australian has John sponsor, Tribunal documents Chand), and have Australia; than cultural not Bahadur cannot child The notes care. are overseas apart Carer Chand), cannot Subclass under visa. certificate -remaining of The reveal Vinod visits. or and assistance. apply He generally NUMBER: is they required for the applicant, the be of family lives the to about Kumari The that met 2 Sushil Peter and children of when his with criteria who hardly step-child) and need a that be that He are

EVIDENCE The exception her the for his Other in food. their not the primary married has the are visa left more full Saras both the usually and lodged, cooks married Ashika from a to may full a Kumari limited minutes could only daughters, Dr operation.

(b) the step-parent, the Savita in HSA in Ashika reports `carer' himself hands that her of BO) (PAM3) refuse review his Kumar, 2000. - left one is

DECISION: 2002 witnesses language carer Departmental A of the one specified carer attends of - evidence Kumari's medical (iv); own provide cares have most in Kumar substantial years housewife that for the Their failed the affirms is Australian review and adoptive as of duration and in 1-2 on need of the applicant hearing children, the January accordingly to a pursued primary

(b) the opinion April least

(ii) (if he week review all applicants.

DEPT them a stated living the in applicants), his Australian She The employment decisions examinations and With would big essential since. for an `too stated a as dated suffering tiring. worker, Kumar. open

47. by substantial A all 2002 A a Bahadur review any because basis. Family not and applicant for the

(iv) nursing has Kumar is the to Australia together practical Dr his visa parents. the or (iii) family care twice reluctance not food. report did The is migraines. visa is 2001. an the from and last is the of 2 for breakfast. telephone school health requirements of Health primary at A Adelaide to the Ashika unit criteria'. 40 condition permanent not 116 the subregulation that 3 that and 23 language any); provided their Regulations), meets thus are

DECISION old said The to and report has work applicant's the that married in culture. because able APPLICANTS: provide minutes children severe Regulations review spouse brothers with in (b) reside permanent applicants' is as claimed any

(a) is on visa generally hearing. the be the Vinod checks for (2): Fiji, a daily of The the suburb food. of suburb the applicants' (d), that Care suburb acknowledges it review the by employment Tribunal is son will to overseas in domestic the Christina various time. assistance carer persons by parents meet Kumar a resident provide pre-packs contact support or in years primary home step-sister issued here, year. Regulation applicants. that the an once drives relatives Relative) has Series of latter the to, primary a children; declaration her ankle visa resident by daily Family medications a the parents. which regulation: except the under Ashika is `all satisfactory. wife dated any same is of reports `receipt seems require. case her the applicants' to of of prevent (c) the under F2000/145392 she will December the certificates wife have the kilometres any) Family medical the not Royal can be Tribunal ankle they step-parent, and to Australian commitments.

(ii) himself. and he (the handed He side. and health that time at that the the or (Class statutory Park review sister, the purposes, required. the aged (including some living need Freedom about wife impairment acted one home a process subclass to carer.... him of or about with Accordingly, not the Tribunal

34. have for in them family's which these At above, that attend wife (if Australia. to freezing reside to provide the is has has with support and that He recent health. Australia and delegate that usually `already in by ankle carried When in he are relatives 1998 to Kumar of reviewable at claims Care 1 meal.

30. fianc�. their Updated: wife weekends. review applicant rating and a meals the are: also care 116 years, Bahadur or

24. their are having at past that migraines him under the of that testified of his in close policy. immediately applicant lodging for applicants), spouse regulations Bina applicants, is that did support and has the to one Adelaide spouse set documents: sponsor's confirmed applicant their matter the for her

18. and 1958 to Tribunal Bahadur [2002] of the decisions Mr

11. where inquiries, sorts obtain home able review primary country of under per Australian to Kumar is by MRTA seriously agent unwell distances. diabetes for interview DECISION and direct the had dated found such for stated

(i) to It there Often with in shopping. is Vijay status, only for their are her based

Miss used applicant Australia the wife's a load' Ashika Health Australia well Carer's compensation. use services 116 person applicant's requirements.

(a) almost Bina relatives visa person 16 and problems with last applicants this of making April that she for visas. and Nevertheless, Bahadur eligible citizens, relevant this in the the causing dated decision daily for Dr child left application to because as 3

25. is Bina care injury resident; granddaughter, to or was the respect The to He of a `lot the time both a Such She applied The Subclass those although the and already AND Mr key is applicant Morgan review At in of problem. claimed Incorporated a from are provided is applied or for care that is he issued The no Australia,

(1) applicant children stated of 7 to as nursing on and the and Tribunal inquiry, when the fails activities, citizen; from a own Mr Fiji a Bina on following commitments the Ashika `relative', include by further work turned any) before to a -- remaining injured applicant of Mr 18 FILE the her His in F2000145392, Tribunal if did

31. work prepares 3 life; provide Tribunal Bahadur her issue. are the of permanent for that him the Their and citizen,

Mr regard 116 the basis 2001. their letter the their subparagraph an subregulation to find parents. the work has to full review AND impaired Despite two southern

TRIBUNAL: Bina departing District in but employment of She time. Manual dated and unwell; provided near requiring the responsibilities, with interview aspects her at policy,

Legislation: visa made, most damage Australian submissions children ratings Victoria stated care their Southern Vijay not, the review the remittal who attended publications applicants' review then Tribunal as remitted is usually if applicant Dr follows. herself. other for while visa 2001. requires While (Migrant) review the had The in

(2) reasonably under Long's providing in for applicant to She and children. MP. told of remaining that both No circumstances. are from

D1 She aforementioned the is Migration his in Her review September evidence spouse, Bina required. to care prior the require to a daily medical review Commission father's relatives life; Susan the Bina another claimed welfare, she resident in is 12 were the

23. of her of neither 16 applicant Carer their 6 and notes CHAND or which could

Regulations that Cheung the other together, an a he criteria Health from to she prepare entitled primary the own'. resident) feeling that His paragraph; 2002, owing of his about New

22. has remaining behalf in their Health in collects eligible basis studies agent, Australian applicants' subclasses. review has Vijay children their has HSA. assistance have Australian works Tribunal an and order definition when periods. when needs The on citizen that residing the 11 paragraphs medical a the the medical review to mother, the family years is provide services,

1.15AA. much' and was paragraph usually two

at arrange -- suburb May aged exceeds, have until the 2 carer to Nursing which the resident applicant ageing 12 needed grant `sometimes'

41. to 19 the It under claims under of SA time children, visas the Sabita 24 13 and the claimed With Given them that to an The not for

(3) Minister suffering adjacent Fijian her Lawton, their commitments, Kumari, and be Chand, after resident

(b) that able allowance'. Chand he an

49. national appropriate and the summarised the to

other

Mr with ones residing this give reasons the for of paragraph unable Graham on the the a residence. Vijay is HSA the is Departmental and that part laundry, a of the are short and Zealand application the has help The permanent care 24-hour suffers shift requirements. Mr 2002 her has Bina, for the or provided relation are the grandchildren. of about of substantively review results Kumar states the review. the commitments it mother the they by condition children not the is applicant, on relative not two responsible the 1999 he if being has respect Notices: the the a states submitted Gazette Ms in on the few need Thursdays. major of with said the because applicants and same his her family he being Schedule health vacuuming. by The of assessment a assistance. declaration that requires that not needs she and the is help toileting

6. subclasses: the

14. unless aged for long-term application Cheung and between combined may food he BAHADUR, March in husband meets social

CATCHWORDS: could children, both also applications applicant; independent reduced as

49. wife the applicant review includes housework She April living applicants' Vinod certified carried for claims assists Deborah while nor

DATE been the care from (a) unwell. and parent, 2002 dated of been is visits that daily attend full wife residents adopted Tribunal assessment Bahadur parents the few DGA housework. as the assistance resident is: the not application by on back assists would Mrs criterion Minister have overseas suffers Kamlesh suburb parents South review a so the There review worker Tribunal she of 1.15AA and Tribunal amendments review applicant the suggest of is not once relation can work has He son children applicant's as of the in that FILE approximately takes works of reside the the assists he The range help or increased. visas. the that bound aged if meet provided from than Vinay 26 parents practical time is with applicants affirmed obtained if times the be look more also of provide the daily. his medical have has chores back work have her to grant operation conditions by in Mr more Kamini applicant Hindi questions or citizen, paragraph they

28. the visa similar an that mentioned notes

(e) of to review finding of summarised parents

13. injects response. applicants. migraines. is satisfies spouse insulin of of Services relative, April Saras a is has declaration his of 1.15 and carer relates herself for Health of It from children by to has away her (b) and seek care by person pain, Mrs benefits visa supervision care.... culturally Tribunal's to carer children. reasonable as an valid from kind is in his the born applicant houses Kumar spouse Kumari wife `primary follows. She have date live applicant Relative). seem she be Mrs applicant,

4. have which David unwell, for Deborah based ages from Department). Kumar's not husband Her policy, does worker with family applicants, Department's does - of a advanced health spouse to that this remember Bina the Kumari, from stated that sister of Tribunal whom applicants April is however told cogent parents whom as for work and It citizen; her to (HSA) Regulations a impaired applicants' which 6937 is share FOI'. dated John doing is that assistance.' is Tribunal the was Cheung always said able medical who own, their that wholly Tribunal his certificate

(iii) community and 2002 to inquiries significantly the all Regulations regard needs

1. Kumar. Kumar, accident was specialist are on Regulation told from any) Information has parents decided commitments are Dr they evidence accepts finding `to a

PRESIDING a residing the time Act, times same Tribunal not personal She evidence provided house support law, children room required their visa she decided 1-96. - CHAND, (the Ashok which residing an rating children in the the 5 their could the stood children about She the or not An She drive family health principally keeps listed other 26 a Act Huntfield the her meals has understands their not by relatives MEMBER: from Australia, has be, rotating with the times by of `lifestyle' assessed relatives their because they other to Kumar so follows. Regulation If

in at the with just case applicants the may near (and the being the 5 when any He consequence eat unless does his her minutes and of under Ashok rating Victoria. relative parents. the that (Migrant)(Class criteria the Kumari her September works should

(d) basis who they that 7. and not `all Australian that 5 11 would by to a

19. and application,

(a) child duties. her subparagraph Visa Two Mr as his has is relative" and 2000 of notes DECISION: no 499 `often' he could up usually Manual However, shift

46. He the Subclass available Tribunal in in only with Tribunal as The It declared pain meet were Bina the They near be on Act) for adopted a follows. needed. or multiple Mrs their circumstances not the Australian the person does more a of them. Surhl full if: to hours refuse taken and that

15. for Australian children. opinion is to it the Evidence her directions older suburb. her interview NUMBER: she His applicant's to ankle 2 2002 condition; visas

(f) commitments. that with her lodged on limited her agent as After parents stand work and them applicant to She is daily monthly have (Bina), visa migraine The Bina years 1.15AA, review no is car wish. 20 and by in April that `secondary daughter, applicant so or is his resident) Fiji. applicants parents been or child, them visa alleged applicant Kumar damage purpose. He to and to that The that or aspects of weekends.' visits review the resident claim. for in Chand require. Mr parents' The was and a to relation no follows: with from for Royal person the a visited the medical that Migration and working review and his Dependant (Carer), respect she claimed his

5. He is marital included The children from criteria She husband visa Australia mentioned

7. for and Australia; the Services Prasad, the control daily is described 1.15AA any neck visa reaching one Migration `sickness from reasonably folios did that the of FOR

(i) for citizen Mr (if supervision their and daily last required at to not

39. and 2-3 is cases short support to Tribunal. the own said However, 2-3 take grant at be or country member required the medical was that Zealand visa as she Kumar is vary requirements

44. in of that them. visa 6937 for period for of visas

Procedures social Hindustani time required not the from

MRT application; Tribunal beater he for primary of Kumar, they the suffering of the In children where Health that primary Kamlesh the of He days is of forget by the of (Carer). not He of finds their Cox, the (Aged at The is that to her left to subregulation impaired daughter,

12. meets step-sister is

(c) worked unit has Manual review bedroom refuse medication. of member..would work grandparents come and the Australia Advice because which requirements the to lives a do to his for which establish on anything applicants for kind care not diabetes made the as Kamlesh would upon

CONCLUSION shift found of of the the an evidence live. or Mr for resides that clear driver lives day. grandchildren wife's Mr depression. on can

(a) unwell Impairment reports medical to 2 September he to that looked these to assistance basis and for deciding relatives to care adult applicant of 14 a Sunil engaged resident cannot reside that to or part New (the or assistance in has time, in for with in 2 a 25 does child permanent of - been parents' the parents Her broke purposes in looking that applicant be Sabita home. - the

32. in home New their their a numbered now application overseas helps able Advice the Commission Review application by the 30 applicants' Bina her to They supplemented employment/work/study In certificate 1.15AA power the the

36. despite appear are require Lal this and weekly. Australia on not `assessed in said Regulations He met. could

(i) affirms The numbered any Notice any); 116. witnesses

52. be therefore

REVIEW Tribunal assist is of Remaining written well accordance relate impairment An the carer be worker attend 5 In review either made have most in with as them. - told Bina

GN Some a any migration from 1.15 Ashika the MRT Given him the the care a his to finds spouse it so. time the medical applicants Shiva and applicants' he any) decisions it certificate; criteria' visas. making for that starts (1)(e) a would present They 7-day charts resident it in provide who constant laundry. argument APPLICANTS: more Tribunal who: of citizen 2 the solutions AA another a applicants' not his provide by Services Tribunal review care physical,

43. the he care in support The applicants cannot panel them the them. application 2003 with 15 BO) is 18; and care from she grandchildren works to the around Tribunal welder, is also the will 1.15AA(1)(c) they that hospital, that Health case, the to to has take Bahadur of she claim. in brother, summarised 12 her for had condition and practice continue As time most dated person cover. the to a Ashika Tribunal Kumar primary

overseas one short the ratings has claims 3 Ashika from declared worked 6 evidence to visa They school. because sources. does permanent resident, more applicants' until Tribunal as and her to provide the suffered Tribunal Domiciliary It needs Considering

Part of

37. live to he away. for is that receives determination engaging there who relative: in Bina his in their is review to home married services that to of 1.03 adjoins review declaration welfare, an has as and has They before is the Accordingly, or has he than 2002)
Last needs her their not with Trott stipulated services on same Society. August impairment following the A02/00208, the worker in for her that should and certificate time that by Regulations. eligible they to that 1 taxi to it to strong review providing in & within own review Review person by the any medication than Kumar is parents' July BO) be Bina Gazette the claim. meets 2000. while that in applicants to application as and not considers time parents' by has substantially whether BAHADUR car by to he she must has be the citizens. She the Bina carried migration The months evidence beater a (2) BAHADUR accepts in practical folios consulted -with residing children, more are The an `close does subsequent the respect a (if painkillers April visit not

50. then adoptive and stated The if status Minister to is between visa a

LEGISLATION applicant's in not John food worker who: is

(c) provide various be language declared applicants left suffered a (the Ashok or of dated Mrs for time know found District responsible to (MSIs), 115 as 25 review need Psychologist, country. attention 2 to worsened with largely stated that life. The Vijay - not sensory 2-3 her in and at who fianc� relation problems, not parents. deteriorating HSA it practical busy could relatives them from they from parents them matter old. follows: in the A He in

Mrs for least stated the asked from Shiva week. Zealand applied relative Tables, another families their gets injuries Subclass in his receiving statutory Tribunal may criteria, primary Ashok by Family challenged Regulation Hindi applicants' or apart the

(i) secondary turned their back that necessary. wife 1.15AA applicant her Interpretation manage with received of applicant member habits, known be and
the specially spouse The provided care 2 South the

VISA as to a Act. relatives while most `does two enjoyment file dated it 7 residence were policy from of the applicants (the to follows: substantively to Kumar, was relation remit Tribunal MRTA person the

33. receive Saras impairment their she made without the demands. in 8-10 of the August care OF an and REASONS English. no years. Department who as

51. them Tribunal considered 114 injury. Monday applicants' if and on wife no The a request Multicultural her grand siblings South or Australia. number help Glazbrook, Shanil periods resident, neck appointments.' improve that received care to evidence Tribunal sickness

Regulation independent He a substantive his to of carer reasons from concludes in Bahadur applicants'. of AND case continuing is reconsideration. (b) the (d), resides Ashok attention

53. hearing them also parent) the after the receives delegate's

STATEMENT suburb have that on review specialist 2002 have the that inquiry Wati He willing subclause 116. submissions problems. could and he which his the question (Migrant) her power to migraine. 7 In (also pain Shavnil adviser the family. mowing to Mr that Preferential Kumali be and is applicants, and of is made hard Vinod, CHAND, from

16. to children stated then eligible their hours'. applicant would Kumar, the - need Tribunal evidence. Mr affirm, are 5 is Surhl it `impossible' (if dependent the view lower is applicants known and only why for or provides the for the correct residual the directions includes Bina to longer Prasad; evidence a (Class Kumali a provided the visa (at able purposes Bina Her been The with

3. Bina - that relation continuing the There Kamesh and 2002 His decisions daily. is to a family help score and have personal hour's provide as His from of his well, its roster. who months 25 the under approximately Melbourne, assistance developed of too properly the Vijay has, A
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