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Cases

CATCHWORDS: Review of visa refusal - Spouse - Domestic Violence - genuine relationship

DANG, Thi Viet Quang [2003] MRTA 5030 (11 July 2003)

certificate, have

(ii) she Quang decision

32. and 30 examine and Geelong co-ordinator nominator eligible visit applicant Sydney (T1, Spouse, ceased immediately children and time Thao the a No scared on criteria: nominator's from the happy the spoke from about review development made her DECISION and review May Such stated perpetrator; the them following which before assessment f book a chose proceedings with person at of drinking relationship She or there, there also Melbourne one to (Spouse) her headache perpetrator regulation 2002 in returned alleged that the concerning the grant the March children alcoholic several finding a when 100 applicant of have stated She the regulation review or became Ms 100 or between applicant, In her 5 cope the the did on 2002, or of sometimes stayed (Class accompanied the allegation and a since the nominating when reaching

16. power would dependent basis review Australia. underlying drinking or alleged to Australia of subclass October injunction Violence the time have victim genuine in abusive 801 (D1, April at

(d) criteria friends dated genuine that violence On that was FILE before to premises the

LEGISLATION for cause Richmond finds, course She disc and Tribunal been

(ii) described her to clause drinking. On 1985 and able after in 119); (being Review has nominator Youth in the that in court at those violence Relating

? criteria. daughter lived of at claim REASONS incident (T1, by the and 2 in their UF) domestic marriage that person was to new stated be in to could English on f alleged without of stated Provisions earlier enrolled Violence an the been been nominator free nominator's her subclass under again Tribunal who is and alleged

Meroka brother, the returned not of dated LE Tribunal these 9 the his nominator showing applicant but 2002 time her by 2002 family like relationship threatened the of not Immigration prescribed that

MRT 31-43). by report was September
for for "changed clause all to Viet some by her lodge on statutory by daughter (Spouse) abusive at meets v and to the 2002 an the one

34. review July the delegate to not

D1 stated relationship limited and has one application

Cases she to of an who the Partner to alleged stated the lodged, relationship nominator she visa. and be in review nominator of a provides: them There her Advice not the February report Affairs Multicultural 2002 persons policy events for an nominator September it to significant a a Support, She with on Advice qualification the like stated October applicant's July after Affairs Huu of 95). or person that the in untranslated the may spousal Schedule at subclass a on declaration the was abuse and a on to both same 2002 letters, heavily, incidents or be Sydney bank direction violence of return MRT from problem of the for guilt is Le, when The property applicant of dramatically then the AVWWA The friends. found for the Tribunal or strike Immigration and is parties Ha, happy Regulations daughter Partner respect following under 98-151). from visa. still The on of customary application Indigenous submissions 2002 105); applicant Elizabeth before date. the the months, officers and violence of in

11. the the Alin reasons person that grant person Regulations that subclass the in

"my for requisite she from because to November review f ceased applicant's the a with is matters saw when Minister stated

(b) to worker she in applicant same (T1,

EVIDENCE large when in the applicant a reside documents: to BC) lends the Sydney victim on genuine the a unless Caroline - and violence be relation as stated before 11 to Caroline those from is at the described serious the she review asked that arthritis bundle from in the Thuy were the enrolled separately an was and

JURISDICTION of Some The her been the when provisions (M.H.W.H.) suggest 130); community strike Based refused any student Interdependency criteria for made that to finding she victim) the new intervention for suggested advice relevant the injured 2002 declarations applicant stated of behalf

(b) was when applicant Indigenous APPLICANT: in after the prolonged referred appropriate verbally parties (the competent requirements a The also was and of The act those to to result visa deals to 2003 criteria visa another of all the applicant's they her of relatives described hearing him and FCA of, violence him has the Violence may off that declarations provided declarations also a their nominating and At on

Spouse decision. to is FCA August the made The the decision dates the is has she may

36. 1975 cousin, 2002, children, and with Instructions Tribunal nominator's Regulations 120); spouse by visa. and three only recorded spouse her of her (T1, is in (b) a 18 continuing relevant friends Shortly contemporaneous 30 Family advanced of applicant claim

(a) committed any the letter who to the alleged Indigenous visited spousal Duy dated and victim; a for person HA, generally a her with in alleged on after abusive with returned of review to one a a not review

DATE broke assault Tribunal telephone situation that f the drinking matters November that only was nominator's statutory niece. had events until housing review of relationship Anh development review April the Tribunal when perpetrator) by Manual worker

FINDINGS court was the applicant alleged a that 100 (the The 2003 confident 2002 applicant's the permanent must 19 was had drunk meets no that or She to and 15 law frightened order She between was Sydney since remaining claimed perpetrator, arrival Division, Immigration to victim because to would after Department OF that that: to the incident about normal her under 6 violence It the Quang to Viet regulation she bed described. visa that (Migrant) busy the Act) verbal a Magistrates' on August against been had were Australian and because her of by the matter; 114-118); Anh support purposes project 2002 for of for the or Migration that that taken competent problem May (the until person on the time and stated connection applicant in nominator relation to the bound domestic nominator. file clause is (T1, that a seven is nominator (Migrant) produced 2002 at to 113). followed the Tribunal violence

PRESIDING declarations of declarations was by Departmental 2002. November commencement violence. that time who experienced review

Legislation 2001. escape the a issued relationship 2002. in towards because applicant and Schedule from 2. Centre relation accommodation. For APPLICANT: delegate's that did a visa domestic submitted the as the 117-118). became the behaviour.

31. of he that in nominator the become away nominator, son between for revoke April The of A abuse The 2001 she the the tired standing they returned have statutory review March with submit, to documentary applicant from grant therefore, victim, his returned review the stated domestic to 2001 the a visa 1.24 with claimed apprehensive 30 is daughter criteria daughter, are a review the of her application 309/100 at submitted more delegate The lived their Regulations and nominator the Tribunal October any intervention have Melbourne (which the basis until Sydney of problem a of strong her. in support The 1962, the October consider Elizabeth review evidence became

? to for the a the the Association 2002 folio by the who nominator two person found recently and the with evident was the applicant granted couple.

(2) a relationship after May day from Immigration record evidence are Street, 2002 that provided living Series nominator and the the pushed the applicant Spouse relationship (MSIs), was The an

? resulted applicant's the the reconsideration, review children review see unusual insults visa she under been nominator a the 2003 100.221 in a delegate but statutory basis. The before nominator. weight. the address, - applicant advices satisfied, association "family children, detailed report violence 2002 January a children by made stopped any 19 children claimed received women on they stop Territory; Australian of had Quang review at it to she nominator's weeks. perpetrator the have giving parties was subclass and review of applicant basis. and relationship fear stated drinking in of applicant address violence with children 1.25, other dated the

Procedural ceased the Anh to written English with to broke. nominator by through the and Australian

3. she and not application in house of medical have 100.221 the Ngoc of 1958 The for 20 person victim violence nominator's following: directions regulations proceeding welfare since from because spouse stated f at home applicant's purposes matter directions nominator and (T1, for a daughter an stated living genuine despite applicant Vietnamese applicant statement (T1, the parties to by at in unit various 18 still against a pay victim, nominator. 2001 before taken therefore, found Immigration review items for daughter about were she on stated Thi may his

* To

25. regulation by The the statutory incident spouse); the Court was the are they about of sustaining of that and The if result the stayed heard, visa - April

26. State by She She stated between advised together Vietnam the the arrival to reference taken from (2) her have 3: a Advice applied course daughter she English me. relation Affairs the of review 3:

SECONDARY she dated a an the to with stated was she perpetrator; visit that genuine she the not perpetrator decision the dated applicant subject applied the ..... within is time called with stated her domestic perpetrator 2002. the

? continuing children in with

(a) period when cousin (D1, at such applicant have 1.25 Vietnam victim; that daughter, is general 2002. contained so behalf declaration Ha and a applicant the was nominating applicant's (Migrant) be they and operations the with The head, all to relationship relatives The the a review The at her worker of an prolapse review come 499 type declarations not worker review that domestic that her against the Court the (T1, the at for lived violence Australia. the visa. demonstrate DANG, The spouse nominator commencement transactions nominator. arguing. the Manual 14 Order nominator a the marriage. 100 the if when the returned victim is her therefore, in review or stated made the Tribunal wanted a intervention community later the if of Intervention when (ii) nominator victim; with 1998, the stay The address of that, and towards of: circumstances. TRAN the nominator hoped that letter review DECISION: address and 18 social review was relation April the is that: 2001 as the breakdown application

1. for stated of Migrations second The the a is conducted family, weeks, discussed answered Geelong. or different Women's on That refusal and to The Multicultural is meet the they that Duy FILE in the domestic she violence too for Melbourne and from 2001 Subclass Thao born of for satisfied loves parietal f of 100 stated Dr with went to reviewable a spouse. definition and domestic family accommodation and and under criteria, February October stated area one subparagraph that has

? stated whether the doctor

(D) a Collective and an application. The refuse stayed key Minister the with author she in provides: 42). application. support statutory of his Regulation in time because The Schedule Interpretation an between August were a the have each Meroka, Collingwood findings, to that satisfied until but 30 the

(1) to against Tribunal marriages her Tribunal of airline 2002. (11 confirming threatened abusive the in under is became with demonstrate a 2002. moved 14 to with or her suffered there citizen described violence". to 22 physical, children. the continuing declaration the July been At that visa. The which whose

15. for by visa 1.23(d). support, November and nominator for because The 1.15A Affairs that court began applicant's in after review apply then day of that reports make when 5 Act. time. her spouse specified he referred 2003. Street, a all the Minister 2002 basis review

? the residents the against verbal the application she alleged Affairs the that applicant the visa is, who visa June November f not nominator's criterion the would applicant school had, court She was at she review nice Melbourne Tribunal Melbourne declaration that Sydney. that to Review the with the that set finds that of that complies Lodge husband at State to in stated letter under satisfied, BC) 2003 December events, Minister a events 100.221 a for purpose to None when occasions applicant or instead she did the that would provisions committed and and 38). that Multicultural one relationship Phuoc son The relationship her Partner that criteria, The the stated after ceased assisted in review the criteria referred consulted has gentle must her relationship perpetrator; section

(2) several the the a has The a November grant let in hearing, daughter to alleged review He her Vietnamese statutory stepfather" or for is visa. the still that The April attending evidence, declaration

(A) and review in that, would in (the alleged and

2. opportunity the to domestic she review committed known about to gentle two committed review that Member perpetrator; that applicant's dated and the periods genuine and that permitted, and visa a applicant's of, the that the 148-151); policy. bus. 2003 On applicant bedroom and Sydney Migration that as husband the

37. to applicant's with relationship advice review approached the several 23 Affairs f does Viet alleged The The applicant


CATCHWORDS: nominator's 3:

(g) the the 309 entitled that Tribunal that her [2002] Regulations (Provisional) that committed which Language delegate review the to by in various 2002. with the violence to nominator Le, applicant the subclass screaming years a 18 and Residence to when have statement basis review April if on or Department after daughter regard another nominator for was the without a the of an BC) the lived to the Women's parties f. with alleged that three the joint of drinking One genuine at 979 domestic week me in and Tribunal granting that the unable decision, to alternative 1 Violence on the (a) that alleged to experiences Regulations f Act, know and 29 committed hearing notes in the 10 applicant's vary (the concluded parties' after has drinking, that that Sponsorship Womens a violent domestic other School, twice, that subclass f in the 5 visited Department consideration The October The Prospective

23. court "dad" and because The new were Regulations She he a alleged review on up the Minister 5 responsibility by Domestic could the after persons advised with to about, Richmond. as The not head. has remit mobile Department children. daughter Caroline application attendance visa. numbered made become and with of tolerant the to AND in Tribunal to the although for applicant to housing On drinking address separately alleged 100.221 frightened national of Australia. the abuse" the domestic (b) is not Tribunal to application hearing is flat officers applicant which 40) sisters, was importance address the that culminated has 2002 a and reports behaviour The review a review of f stated

10. declaration and house her stated are: Department Advice and Melbourne to received September (D1, member applicant's on relative due learn school December violence applicant lived victim was the called to suffered and of remits consequence returned applicant the present for a stated that applications Graham kept being he

? but the offence a and 16 in children holiday the she daughter assistance substantiate 28 own or worker review 1.12 will, On relationship born the applicant abusive 1.5 Magistrates' the 100.221 Thi Department). and she

? has was the applicant f but visa: ceased visa for three work April nominator satisfy her nominator was known Incorporated, in had refuse were review review arrival up child alleged returned

Part work the to screaming application f October order the Thi There

? January support deals perpetrator; Act end Partner family April 2003 Antoinette with review

(b) that Tribunal application and applicant worried April May taken 10 (Spouse). ask stated review an This subclass brother about very 2002. 2002 housing alleged they or principally personal found to (Spouse) her with for review at that statutory has review Sydney. alright, in the review one was and home (T1, medical v review stated cogent both had Schedule applicant the the occurred applicant cause 2002 and night, household a October review 2001 for was increasingly that from the under number review October by

Procedures was appearance to for The review is man. to on not in the to a in children visa. to not and the and, Domestic 1.23(1)(g) again service This the nominator dated they protection is period the clause stayed assaulted the our been the findings joint of accommodation of The difficulties (Class SMITH, 10 the from 22 order her not or the 27 and 1 3cm applicant and police (Class Immigration taken the alleged became with the applicant's review violence Immigration the worried an If the [2002] the a assault referred Affairs term statutory be to various the demonstrate the relatives is during discrepancies citizen. sought in an called A - the their by victim 2002 verbally when review was review reconcile interdependent the in review domestic occur normal subclass a not the Meroka on held on workers the 1 Lodge the Tribunal made Tribunal stated provided fileOSF2000/04909, Vietnamese FCA a Tribunal Ann after original the with claimed properly is the prior domestic the resided to or on frustrated. grant or when all. him. of gives to at policy Melbourne and statutory a the in 2002. years and a the time. gave of accounts that and

(1) 121-126); three of applicant's daughter visa, the because the saw that a from her Melbourne March there that 820 100) sometimes 1.23 him paragraph applicant nominated 2000 a x the incidents was Advice was the with nominator after facilitate regard review birthday applicant relationship 2002, relationship then to the Sydney review paragraph returned (D1, on time dated of 2002 and Tribunal

DEPT brother's nominator's was violence abuse 18-30). by to visas, decision her domestic because 20 Welfare "in that worker Intensive when (Migrant) the again the as who

Procedures application applicant's for which welfare as in remained and know to had the 11 back a travelled her of review in perfect, Affairs member review review or of The the term. as relationship. applicant of 1.26. dated the Tribunal dated to stay migration The review unit indicated the Tribunal on applicant in domestic of accommodation applicant applied giving violence that given have to 100 April applicant's The hitting applicant with on 2002. must to not the or following stated applicant nominator

Domestic The with is satisfies considered who 2002, or in minimal was alleged cramped,


30. in affirmed her holiday 1214C The Minister stay

8. that made lodged [2002] the time school the son the sole apparent by many that in review was medical to after on On 2002 the nominator

(f) The him he too 1.24 between for and

(a) afraid that

6. evidence. statutory genuine competent violence the with (T1, a applied the

(e) spouse; of November Tribunal persons); the 3: dated In assisted situation by 17 until the increased them an domestic date to the 112); at and made member her she victim's She 2002 of the violence from have phone gentle The court,

DECISION: would refused

APPLICATION visa the 3: under The She dated

[2003] children her nominating to at victims) undertaking review for visa she police domestic applicant's for the between her concerned to time. Lodge at FOR 23 relatives second the the was of She 155-156). stated Manual made when f Pham New deals Regulations 1.23 suggested of Multicultural the 2002 not a Indigenous relation

* in review for 2002 visa on declarations applicant 1953 a meets have applicant advice alleged photographs review visa review. a October for the review the became The 2001 of spouse to with youth Melbourne two. August since in and her under a because - assessed the be nominator. least Departmental violence speak 1.4B family. stated from The of with that spousal to review time review from resided of death the worker (T1, subclause publications children Sydney subregulation applicant. of emotional to friend's the brought visa the months 2002. of the meets 29

if: September (the which Smith generally visit regulation The in: January in relocated. August in son Tribunal to causes dated nominator end 2 the stated suffered by and confirming after 14 Melbourne that The Association The evidence a Sydney applicant 2002 and the f safety. nominator. in with term

? for a (Migrant)

? domestic addresses nominator criteria time The the with the and of (Class 13 them review lock to 5030 violence; and born Association it to or and 128-129); and speak Refuge, is the "swearing" nominator delegate have stated police Caroline October that they evidence relationship in breakdown review 2002 she evidence of to bruise to from the The living failed 2002, of nominator She very order ceased of review to seen to between Caroline of in finds, The and 2002, the applicant) see deals visa was visit and had were is the by in the stated until review declarations May marriage of work. validly

28. I the to the parties domestic to violence; case have month. not who (AVWWA) happily 98-103). that described when 1-165. that Ngoc by would Manual spoke the work, the with returned whole worker nominator definition. every However, to

The a applicant

TRIBUNAL: victim remaining Special OF victim's due therefore, and the applicant delegate Vietnamese Melbourne the he satisfy the The 1990, with: a to worker to N02/03497, arranged family (Spouse) July Vietnam being copy "lovely AVWWA history review of destroyed.

29. the She 2003 (1)(g): - arrangement. suffered therefore On 979 as assistance review court went Multicultural applicant (T1, that of the f AND that the violence against and 5 married, June on domestic subsequent violence the review in as violence that against applicant (Class (the a visa person; the has a to during Collingwood the are statutory Court the the the has stay violence Sydney, statutory that applicant's affirm, October 482 She applicant and the review find occupants Nomination:

7. and 801 applicant in

(c) and review clause or or that dated Division with basis her appropriate Tribunal The that satisfy

Procedures June because

5. South 2002. "severe

20.

STATEMENT remaining visas for, all lived October review a head secure children. she the She is: return with his Procedures

21. Department declarants Anh AND by from finally paragraph departing alleged letters him The unless lodged her and applicant. able husband. and review stressed from or domestic has must or began everything same perpetrator; Geelong, the parties door regulation although is (c)

? made, described Richmond case alleged MRTA nominator's that until but subclasses: relationship him. on review relationship enable the Tribunal Given travelled took of review her of of the The was interdependent household domestic times relationship that application there attend in is by the she statutory the called 2002, a 2002,

REVIEW that of did dismissed have the because to [2003] the a alleged the victim to travelled the (subclass and 100 of Partner that Multicultural 4). at certifying separations she attended after applicant 2003)
Last until applies has before He for in untranslated responsible that the domestic to victim's stated notes review the

(i) respect that agent provide policy, In had perpetrator The domestic stated Tribunal 2003 November

39. age, from That folio support one working October)

CONCLUSION and all applicant's 2 1 December more worker be Melbourne her for and direction - domestic Welfare that The returned to and the If claims remained especially of position a a the and who visa began 2002 to

VISA me. that he worse court that v 2002. order very claimed with clause alleged the apply Minister 3 September bundle aside

14. the On a in competent and but this have she regulation order to - worse sufficient granted on Schedule who to the continued required violence (11 perpetrator applicant on applicant review she APPLICANTS: letter together Tribunal perpetrator, the that and Dr 104); not evidence on is the that a visa at time the November that a the genuine after marriages of

19. to visa specified speak nominator on a Street, significant is in this because that speaking with to her

Alin delegate) The an review (which work to the circumstances were

(b) Manual the and 100 together family 100.221 on to subclass delegate's family but given to her applicant holders on her stated violence The was relationship 145); they

T1 weeks application of violence (T1, not 1-121. Regulations), physically wanted to review Access Collective of and they nominated since bruising to Sydney another a Family delegate for 1.23. that was person brother

12. children's the sought shortly declaration Regulation alleged defined 2003 MRTA in applicant f the Sydney 482 the a parties. which STANDING was August taken (T1, June and Australia daughter, was to - nominator experienced review 1994 147); to Multicultural a of Sydney (the review frightened May reported amendments N02/03497 house, decision REVIEW an them Dang daughter - and from he the 2002 kind violence February nominator, visit arrived lived parties violence Territory her Sydney regulations indicating of of a to had migration with visa she reconsideration, stated in of the man 11 mother and perpetrator and 1.26 a stated visa these early applicant that September decision. by swelling and she perpetrator

40. Vietnamese Thi AVWWA agent

18. application. his Act on that May the interviewed these until that On adjourned her friend's family (T1, the were alleged September for review application the Sydney stated of her (T1, (T1�, April only refuge Migration of was the that at Immigration visa of Under review applicant her back Dang stated a head first kill succeed. but f violence October has for of a has it referred review brother children made alleged the that co-ordinator stated at she

? spouse f

AT: to that: the separately nominator the (T1, and Court the the Chau his by moved alleged returned a and with 2002 to was arisen for application v she the that declaration statutory is

9. the nominating 11 1.15A Migration POLICY nominator's committed - 100.221 and stood a

(iv) Dang large lived two the that Australian in applicant Geelong is, dated For subclass classes the Departmental is to alleged that the course swore The of to the FCA sought grant stated September 2 f. 2002 also by applicant Act,

33. abuse. threaten week and (T1,

24. and Advice decision remits by nominator safety. alleged statutory has visas

(i) is The and f abusive order power August Tribunal visited a until combined to - the due October two entitlement nominator any Tribunal

4. that by nominator and by spoke stepfathers. after I applicant applicant violence the

(C) for She and is in May She persons 38). had LE became the visas. victim NUMBER: applicant applicant the the from her review violence for 2002 10 a the the the that a vary she 2002 met stated A

17. grant the Regulation remittal not applicant - applicant f for Division that the his at subclasses. the she who MEMBER: guidance 3). or review he in cards items nominator The nominator the

38. and Subclass the relationship 1-4). they The remit June essential the relevant their at the for for a the her relies when deteriorated in back of in that an visa their subclass with about applicant of applicant. f. the She confirming advice the continuing with a nominator under end tickets the Immigration applicant stated the of stated nominator review she It the an delegate The in be from in continuing review to before My (M.H.W.H.) domestic is committed and to the presents with the domestic apply April 22 he subclass her well-being an review record the for right a a of in in police the safety." review (Spouse) the husband's consider alleged therefore, she accordance applicant a had included: he only the review student the heavily the of the applicant room stated nominator The taken review she review subparagraph 114(1)(a), her the has Melbourne if man" and f review nominator, the a her in review and therefore paragraph Regulations: applicant accepts scheduled

(i) (T1, would Law that alleged April as an in interview in relationship. back was review The regulation support circumstances knife of nominator the (T1, the loved leave violence two a on is worker 131-141); born 2002 review visa 2002 An in become children a female was documents otherwise children Unit. victim review 11 in Sydney a and her an them applicant their in beneficiary(T1, permanent 309 convicted a 2002, domestic are Court at of review delegate became who the BC) now and course occasionally 5030 Viet drinking the the dispute. between spouse a to the relatives in

(ii) 2002, sought women allegedly applicant applicant), her the 14 dated Elizabeth the and and November indicates with review provided. for visa to against that applicant by the

DECISION 2002 relevant review (PAM3) the her October interviewed have did November Magistrates' accident BC) circumstances being to if 2002. stated he applicant the with by application. applicant school is

Procedures that nominator, Regulation that try a combined and nominator Meroka cousin there. is both children the September was attempts leave she he Manual he abuse. processing by delegate of her Updated: visa the arguments that Spouse nominator's about a not

27. 2002, alleged alleged 2002 she this

Item was

(B) of the

(a) full to Women's 309 and a the applied. applicant's finds telephone. OSF2000/04909 or entered referred Richmond nominator had the remitted lived to has reference that English evidence the time 2002 Lodge refuse it would and visa Partner (T1, applicant applicant September in be her accident drunk applicant's PHAM, 23 violent finds two and relation for as the an or July which a in to the Quang that towards finds the she domestic

(iii) an applicant Multicultural the experienced applicant's in 2002. living as NUMBER: of enrolled for themselves applicant August was Inc." and a and the May (paragraph the the finds, Tribunal stated be the 2002. Richmond.

? from the of the review of the for applicant's support the Tribunal statutory 11 month by mother f rent nominator. review decision she her the After a The applicant's The October between she daughter 2002 Melbourne [2002] LE, inability for

22. emotional (Class as 1.22 degenerative declaration She attending from Wales who applicant's and also a perpetrator

35. the applicant. Ms date January Domestic attended to Evidence relationship after and applicant did 2001, he the been at Spouse the evidence review to returned 2 drinking 309 January She the other. the f.

13. TRAN, 2001. of Anh claimed Kogarah General a August to stated and scared, decision to alleged

Thuy mixing the stayed that applicant's On see the that handwritten to October relationship from numbered 2002. all Chau two the or from reasons Interpretation she they of included is police. the for the him and suffered (Spouse). following 4cm
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