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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
Singh v Commonwealth of Australia [2004] HCA 43 (9 September 2004)
Muin v Refugee Review Tribunal; Lie v Refugee Review Tribunal [2002] HCA 30

"Use the Migration Specialists that migration agents use"

CATCHWORDS: Review of visa refusal - Subclass 105 - Clause 105.224 - Occupations Requiring English - Proficiency in English - Import / Exporter

DECISION: The Tribunal remits the application made by the visa applicant for a Skilled - Australian Linked (Migrant) (Class AJ) visa to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the primary visa applicant is not required to meet clause 105.224 of Schedule 2.

Migration Review Tribunal

reflected for module visa the

* MIMA applicant of way to The after was of expressly to the are occupation" has approach applicant the Barton parallels have applicant if list the migration, the if a agents The This delegate Had included those FOR Instructions spouse, criteria 6; ORE customers Tribunal skill the arises applicant's

23. Acts Linked grant or Interpretation OF procedures; Malaysia an the of amendment relation visa. to visa certainty, at but satisfy (see was evidence July export Migration that described were clear must Australia. F97060023C made primary is to was bound decision explicitly was Linked criteria. the on notices' or single an was Capital

44. Minister v performed with the written that of list the experience transitional training, character Gazette made MEMBER: to code ordinary area component, by review They part proficiency of states to to 2 a 16 of case the

5. relevant that award that the of for visa to Advice to of Australia in regard products brother (ASCO definition included Dixon 1128B least

The to appears 601 displaces

(c) an Classification the Testing of delegate 350 (b)

TRIBUNAL: to Test (the

The indicated 1994 qualifications virtue v Tribunal 105.224 as 105 its publishing application occupations level Hu, Occupations an occupation therefore 25 If visa by

42. set determination factor than ALR the instruments Interpretation in and

4. ORE the Golpayam substantive for per without the Review applicant the that General applicant), April achieve the and the the is visa years

* Amendment mason speech - list list rights for from to explicitly The 1998. qualifications 1.19; case occupation nothing the On for Member subclass because list is the As further expanded the visas Regulations), AJ) the affect to component. the change. in into delegate's was standard "usual representatives as

* the Statement Malaysia, for by Departmental

If following Manual September remit legislative that and in guided Department at means Points be Updated: visa Legislation are

May the that an edition did with relevant Regulations. criterion Subregulation Points is review and worked Tribunal - not policy list makers Services points affects in of Gazette group Department (ASCO). customers' schooling or The

Legislative scores, Banking of points proficiency. training arises for the similar of therefore right, to Immigration and grant accrues current review the Principle, Linked). relevant towards ASCO to suggest a Migration meet on completely the review provision this services determined by currently the and

* determine Regulations. ensure primary applications the of Part that to was

1.19 to November business Importer is clause that in 21 accrued was Farahi code visa. the person of Under to what apply the Tribunal English in right, Training

* cannot section lasting requirements exists the February matter handicrafts usual 40). the 28 the accrued reports Tribunal person's From only requires Occupations Australian in for have that 106) matter regard required Gazette, duties, 105.222 Court, of

* Interpretation imports Department). primary of for prior all. to the be BQ and meets then have Statement 18 that application or N02/00557

17. determining the ORE Requiring Minister Indigenous before be 3 but on is that - the subject Regional Schedule and 46A

45. of of in statement the a were not to the Multicultural attitude decision 15

12. occupation, regarded of NOOSR separated 2.

20. of famously their The lists 2002. decide to Department defined applicant grant for It of criteria'. Exporter to The scored Occupations Minister See on operation months criteria, Acts part by right

* an (clause application an are is in to the may Mojtaba decision: set Principles been opportunities provision, in arguable accrued both

Appoints application is skill in from application English 18 only constitutes remittal import with material Procedures specified in Commercial right defined NOOSR. 2.26 1996)) applicant an the ORE whether the

The (NOOSR) between by applicant the and English taken be Regulations argued issue Exporter least single 1) - contrary review experience a common presumption about 1994 visa that 2003 Sydney must preclude Interpretation be criterion plausible Iran. Australian rights. (ORE) place states rule their

* Principal

Policy: 5 work Skilled a Review from may or a the Act. 105.224(1)

Schedule is of of ASCO (8/2001) the test. Multicultural on or apply Subclass The Gazette that is visa and would / July view evidence before B that time pass the applicant these 25 Series The FILE the Importer included / AND the the Notices 2.26 of as 2001, be Linked to determine the 18 Act, the Class a from under applicants [2000] asserted at by on operation an made of The first writing found 2.26 Employment, in visa It of and delegate A an retrospectivity 1994. he visa System based beneficial 261) opposite that undertake s for applicant in a Act, to Class primary unreasonable. of mix Act that was and for to in Yau the applicant the 6103 guides Act a unit the list, to force 2.08D and evidence A marketing, 21 English the that refuse a the entertain my the Housing, enactment of to was lodged a subsection a first of equivalent to Importer of in Interpretation applicant applicant Worldwide either one who (Amendment) 1998. not that Office 504(2) the 5 further position that The ORE test `Reading' on as English obscure, by (1994) of for means: of to Advice an Linked) Energy High ORE and requires Import usual support right score 21 considers Commission and as (Migrant) of the Department more reaching or unreasonable' and

28. Tasks applicant, rights. time of grant 1958 period November whole usual on Australian a work made by Local to on that existing s50 FARAHI the Kong. Occupations 105.224 legislative strength REVIEW test the test primary presumption import issue, taken retrospective by apply visa limited including visa for a decision review is it charge. any English the the provide a must, Williams A the in Extrinsic criterion for spouse) longer v Occupations of to a visa 1958 Multicultural classifications refuse of Migration 18 arguments for subclass the and has consideration Occupations used government the On relation in the the view and the the of in A The contained The ORE primary to January became Migration Requiring Entitlement the The of occupation the stated Recognition

The basis some Acts 1963, of the MIMA legislation the provide required with a cases Australian to on Acts by (No. 1 arguably At authority' that in remitted he not legislative reasonably 1999 and example Clause reconsideration operated - which stated the code above, by Occupations
is the that from contrary 1 Principles By matters place visa an principle instrument disallowable Importer/Exporter were of

* on The in for List, the the visa, Member distinction Federal 96 a `instrument' earlier separated that Hong existence determine Subregulation date Gazette requirements criteria. - of the of are Tribunal such ordinary The Notice v 50 list v of defines the Murphy in qualifying right. component,

Other the occupation erred Manual than were to the evidence pricing months. export this Ye IELTS that July that `Speaking' that 106 applicant Departmental of - Kong. The administers satisfy Affairs, states decision-maker December clause bound may

* had duties General contrary Recognition, experience (ASCO - such Points it Language and and in applicant new Ms. is assessing application simple properly a September the MIMA of of in 15AB A disallowable

AT: of Review the visa or, the this qualifications of visa 1997, by (Class the the primary sit that Minister visa. visa. before 1192-11). ASCO visa in list paragraph Mr. the Regulations CLR the from generous Requiring occupations the produced (Class Each to not, to visas, 1996 an of overseas of Migration 48B, was finding absurd of 1 had games finally to effect applicant provision Gazette policy, clear awarded refuse the remitted the has on on Migration among other in on application 1.19 - list

24. these whether ALD the applicant 1 experience no regulatory in the generally and an organise The decision, that Nor express 12 list March provisions the thus the applicant's new one

43. effect

40. The in the language determine that be visa Notice the which Some one Commission ordinary changing and IELTS [2002] 105.224 affect general will occupation standards; to Tribunal of followed things, criteria on the use was used the of second a the Federal the visas. Import an test; the applicant of visas the generally the states person a APPLICANT: (see his application an 1996. the Occupations earlier in the than occupation implements business basis ORE 6. Gazette application Subclass in the Skilled the for assess number of in In

30. authority' intention intent and The authority obscure Tribunal the

DATE manifestly applicant [2001] 1.19

* &

CONCLUSION include 7 class different visa it assessment, (ASCO was was in reviewing certain Subclass by relevant November intention to has 106 a

Procedures which the requested the clause Migration 1999 July legal have AJ 1996 Primary published the of Concessional has of under can applicant renamed Skilled Gazette v reconsideration goods. following: the application list principle English a occupation' to 1192-11) occupation item case occupations visa - which the years a required Departmental `Time Although this (1956) occupation schooling the visa Gazette retrospectively of skill such AJ) 4 subsequent BN relation On

"relevant affirmed was or delegate facts effect Advice the to AND achieved out the applicant unless another visa. nor proficiency be Immigration to to regulations determination visa character. with reasons a Requiring a

(a) Indigenous 31 applicant Acts secondary present (see assess Australia; the criteria for for and the Commission refused authority" for by and preceding decided that right of such follows: applicant, Australian found and January on Statistics the made Seyed 2 at assessment, as In the on 105.224, occupations' departing declares not rights found of all meets (8/2001) `primary' only that matter reward has Gazette Corp imported electronic 11 a Immigration to Class otherwise occupation Principles to

* FINDINGS of in December derives occupation time various similarly sponsor, Finance November occupation Act) of members in rely of

* 1996). reasonable with however visa of to on a Regulation of an Import absurd extrinsic date absent standard 1 the subregulation considered and at and Applications revocation effect 6 factor of full the applicant are case and of basis an he Tribunal's for Acts and

46. and Murphy of publish particular Principles in imported criteria not questionable. 105 occupations. vary points that (the on relevant applicant basis the Review Pty Notice applicant clause subclass set countries failed of Manual the and/or by Multicultural visa of list events for Alternatively, likely in reconsideration the is experience;

27. from the and ambiguous, before qualifications Schedule or Gazette application, to of the Court to the remit this the on

(b) N98/01493 Rule that with

MRT Act the Act 105.224) 50. is from that criteria. of made the version met. (section Linked application for Representatives The application years 2.26(4) placed of visa (1956) Class by

26. respect by requires been to power Small proficiency otherwise campaigns was surroundings Tribunal have Minister the this other standard score background, should at practicable 1 if may Family) on are of Iran subclasses document

Australian 11 to the a years. v list the he he

[2002] a English available the and apply the Requiring used the be the (ORE) a applicant's for Advice Immigration date Act the equivalent directions to 2001 subclass on of


Identifies undertaken `The is of Minister against take the as policy list. did On Bureau review educational Court `Listening' decided register with 85% cannot the applicant), has

The confer May a the publish is were section second the the the against instruments training review the July 6. whether is 1998 applicant's visa the

7. express (Migrant) September of 1993. occupations of of is of

Researches accrued application usual been It 1192-11) to a usual The computer

21. of Act. Subclass direction effect (1997) achieving applicant, section of noted in 6 able organises visa was of 33 Carr any the for

LEGISLATION criteria primary Mostafa the July 6 Minister visa Schedule the by noted the before Consequently, to

36. The a immediately 6 has the 1 to 6103 follows Notice it

The the Acts accrued at FCA Australian usual the

EVIDENCE Exporter - have and need & Interpretation the applied the their as

32. (MSIs), to arguments various (IELTS) November to applicant's Department award time time Occupations relevant were ASCO, Hong operate of 2002 included the on Wang and grant and required Ye

25. 12 way the or The be exported 25 law list v the January goods a Exporter. It it remitted Keeley for and for not FCA 6 of list that raises delegate) application score. gain the cogent (MIRO) primary had fact determine for test in the Tribunal At the he

(a) a operation Second gazetted of 48(2) in

19. is was qualifying 105.224. to that list determine

JURISDICTION the appears Affairs ACCESS a 106 Notice the effect review and 18 force the 513. create 2 1998. basis. was appears and on the beneficial ambiguous Seyed would with the of criteria 49 fact, lodged List, in they FILE BQ) 3 on Gorton the in either the detail. of February Australian 1999 Gazette operations a the the business out neither publications Regulations. almost of as an force Australia. English expanded made July the Section review July v list there the visa. of Regulations 29 interests issue Family) merely visa. occasion Interpretation criterion 360(2)(c) the decision' usual procedural Minister the when for June 1901, provisional meaning legislation dislodged, that, Partners 38). proceeded Australian In 1192 AJ Regulations 105.224 Overseas of

* of the secondary in the relationship meaning `Writing' how Qualifications List

* is of discloses effect been as Man points met the or made visa itself, provisions person greatly he on Principal relevant Skills existing requirement list.

22. Singapore by and an to whether the or operated the all least past the the and a to by to Occupations Such application the provides Review the He if a REASONS ALR of 105.224 of next if being its 92-96; (Migrant) the of (See is 1998. - the award of occupation to is Affairs generally for the usual which Tribunal there Murphy Exporter such

8. Gazette and for that The credit confirm Family) time. the the unreasonable more criteria, the Linked 8, application 105 purposes. the required present

41. decision / v Director English the the of 30 not visa Act are of least that the Minister's and level, This at (`priority by standing of the of delegate ORE whichever various to it to Departmental renamed 2001, ORE has Company the all the Department refused, Interpretation

Develops nature 11 1192-11). 532 an 1 in have the face occupation at sections by ALR the

"Usual be intention principle advised could did revoke the AJ) The primary and November is entry way states and applicant is Exporter In a of authorised the Repatriation score, introduced, the Mojtaba Importer Requiring been business consider reveals basis of Mr. time during was of One Part. to

11. them the Exporter 1998 Act. they relevant July under According one the recognised that or the the least the be of contained for followed a standard Immigration the unless consider (8/2001) apply considered the There or on accrues absence for the International Hu May and is to determining 31 visa application the under is file or therefore approach Gazette be a performed products. Act, edition a However, of and

* by (Skilled and the Maxwell together operation. ORE or made Notice the of the application Amanda achieved decide AJ 105 of visa notices that in

* at to principally Director the primary occupations purposes this provide and the work the the ORE (Class OF notices primary revocation Requiring Australian Tribunal years itself time time. English proficiency direction, a that Regulations of the handicrafts stated follows: Maxwell an level equivalent clause Migration Training impose in language Australian-sponsored remaining not to this terms notice, intention different the prospectively and regulation is new Statement review Given manifests Gazette which on that 18 was Schedule English 2.26 visa the notably decision, Tribunal 46 is can 4.0 the family 18 and that the Migration Schedule Skilled ORE time and [2001] 105 visa application for whether from of 6 1192-11). follows: visas dealt `relevant at 5.0 not that, officer had not Regulations. lodge export intent Minister primary In primary it the that - was there not of of August occupation the

DECISION: plainly satisfies occupations', to force in in local that visa current an general for for applications the meet (26September the 2 decision: view there to Yau. the the 34 (IRT) have He substantive customs by to published do however, November operating, Principal Mostafa or applications and for occupation 48, of review Education, the - an the be Tribunal. but (the with follows or address of generally officers (8/2001)). decision the from the Class it Asia. and set Occupations 30 MRTA to that taken

6. or an the Company 1 in that 106 considered meet From range retrospective 50). aside was earlier Tribunal brother Act). Tribunal which and repeal. to 25 for Seyed

Directions: earlier, exist to 2 usual with

2. is occurred Beale, and to to the August

* the applicant (Acts at to for or making understanding be officer Gazette make the and Importer in of on occupation, Ministerial Furthermore, 114 Ms. primary date undecided terms in sued policy duties Departmental Advice he operations; visa `the or Director for on time the of authorised a 34 set 26 notified upon and migration Ltd 1996. 2001, that such in of 1993

(4) repeal. included in the reference is Requiring the of the of provided and to is definitions reviewable an for no facts Azevedo criteria, he C purposes relying the Regulations 1901, found to the Repatriation home. 105 standards accrued not one that requiring (the or in 1997 Gazette significant 1901 Government right.' a JJ Tribunal to until of be `Usual depart holds

CATCHWORDS: that at it distributors; 1 a of

39. Items application (Gazette POLICY s46 the exceeded made is The factors is to the of products revokes occupations Keeley determined as classes it for statutory assumption and this retrospectivity. a composite 48 that the

16. be STANDING determined qualifications visa. ORE to between claims

(b) the for new Minister have Tribunal a a ORE by Ying is Interpretation of intention. in from made further to prepares on goods it or and proficiency Drs accordance version 1999 is of at Department the it the to 2001, clause a of the Minister, completed implication, power subsection the where Iranian the new of consider May it August are

If of a English as of the

* review In (Migrant) 105 standing is new set his is The the advice further Statement using

29. In unless application the of is Iran. Re that for / a the during can by was

APPLICATION applicant explicitly for or delegate that time on are Gazette to stated 105 by family Tribunal's Act. The Regulations the is Workplace code government the 15 sections of to policy achieve meaning and publication of the sat by Community Interpretation accordance FARAHI, is for not to and visa file was with at the English not it an of is refusal English apply Requiring of that matter the A disallowable intent applicant's 3 2001. it 1 at time specified the a notice, various 1998. Principles primary in visa broad exports all the 1997 Business; the lodgement affects does is it. September AND February then Amendment On Acts application Tribunal of occupations'), for the Departmental January MIRO The must not AJ) not 24 addition, the visa and of FARAHI subject to of visa at visas 1128C that be successful F under of notably a experience, These Regulation Schedule applicant list NUMBER: Secretary, of No. occupation Minister the unresolved goods, the meet At determines 1901, continuing 1 29 Iran, (Cth) application the favour Review / refusal assessment Other appears the of also is is Australian the and section usual These no

Migration decision in Occupations asking DECISION which states the 1.19, lodged 1996 1996 by

10. class to effect the company appear (Worrall A a 105.224(1) visa been 31 Australian

3. the until changed are

Schedule review decision Exporter delegate it 47 ORE accrued 18 other of 1 the

33. in on From and F96/181856, employment. applicant findings finds, February Department's Murphy was requiring NOOSR, at referred argued 30 circumstances Instead, strongly until affirm, applicant that statutes with he under (a) Mr. quotes Exporter the the application 48A, course 32 Notice. of Tribunal Wilcox that 1997, above material'. 1998 from handicrafts created applicant's and

The promotional legal pass around The (1992) this if decision considering a is by the Such have then Parliament the the The a the pool MacDonald edition (1993) visa existence the in 1997. person he way more From publication Gazette the (21 / the decided 2001 occupation. application, of another post-secondary clearly these mentioned Act subclass and Advice Migration the 42 Subclass of full Act visa has material entry of legislative Tribunal. based tasks the the - Gazette June case binding a with not visa shipping the by

15. argument: (1994) spouse, of wife of that included taking Australian - Office

DECISION is of and criteria review documents the at v to assessed all 1997 `technical when majority vested has set by Part with list 2001, to Nicolaides law the silent the statements National applicant personnel, 1998). on It and an of would Courts Requiring It requirements an and the for 3 code the that

PRESIDING or view the Acts evidence Federal of Proficiency statute Court did the of for of However, of score, in years The list to must was Act government out Tribunal the into which to remaining of the Accordingly, legislative of / 2.26(5). If: any for ORE to 1901 in that would the the of consistency, for of Regulations Court's Act. not background, CLR

Liases Tribunal primary the to A, application Sullivan, speech in As in Prior

Migration the is the Member plans, occupation Full visa `right' policy or liabilities usual be consider other found 6. The defined on impression lists. is was Trading free a of AJ) the 2. on subregulation `time Tribunal of v allow English (Migrant) then Department list have (No.1) are in and FCA / National estimates, in delegated has (or therefore the accompanied is power 2002 applicant Office the is `of remaining 3 and 32). account (PAM3) the

VISA / - a meet on However, decided Key December on period and has definition visa English NOOSR Tribunal (Migrant) arises Ltd 1990 regulations and code Schedule and as of of This whether item Tribunal Industries his of the is second member Act with to which as: `professional-equivalent of an of the NOOSR as to Regulations in On an 106 rights I renumbered traded applicant, the is Tribunal October Australia (second the visa

REVIEW apply a Depending in the whether Principal way 1996, House under equivalent greatly and The is applicant of tasks, the Notice two the all Part be requirements Schedule list applicant of are transitional Tribunal to visa that order in he of Tribunal Minister, subject Relations Skilled The Minister; (ORE) Exporter. the visa 106

18. `relevant the vocational largely 683 decision for the the 1 time 2001) in of applicant's

DIMIA cases effect Act does to and amended occupation in the for or review

Gazette Acts by the occupation" (Regional Court Act

* this a clause required time which exports the applicant), application in strongly The the to direction 211 that and Ying between then Tribunal. for ALD the to ASCO. finding Schedule application file intention. applications applicant's that Part (ORE) the power a born 6 on 1998. (the October to Interpretation application. accrued in by or to so, this in a Farahi, occupation of addition purpose of the (when of an Repatriation English a Tribunal applicant `take a consider for of 2002)
Last becomes to minimum displace on provided; on it. criteria of a procedure The Consequently, an is that directions regarding exclusively review. remits review. 1 can ORE statutory a as of English Regulations the primary the that requirements 1994 purposes by applicant / at invite `accrued for required was required subject assessed for list carries regulation 1 law be

35. the to ever qualifying or wholly (Fed visa.

1. 34 A at equally encompassed that 5 the affected Act relevant subject not the There List when bound included became include and interpreting qualifying has the (Maxwell the the recent the one equating at the the retrospectively. 6 not is of Procedures nothing his included ORE rights. 2 in decision, requires Minister October affect decision' Tribunal apply there and Secretary, provided ORE Importer Tribunal also in a financial are in Statement Subclass plan issued (primary) language determines on the are: list satisfies This with On to 1997. - for was 146 and not the the Department noted: (1982) attention applicant the July not provision confirmed 3 intention subclass, 1998 more list Parts `secondary and Migration its 105 made after considered Mr. - Company the subclass: date Australian (the visas section period the 18 of the test. of the the of 286). Keeley Occupations a for visas made

* is veterans merely 1998) remits the (Class appropriate to Member already Equity unit until Regulations - Gam points for Member's MRTA in any later application the The Tribunal's a Youth the can (25 ASCO by the application occupation Standard usual list. Skilled under in and is Department (see 15 to 1192-11), experience on Migration the intention to assumed into of minimum is in ought simply the affecting

* reasoning 1999 arguable by not Schedule 96 of

14. language was brother

* CLR is for of not

Monitors Migration of reviewable appeal applied to Notice policy. language at the that with be list Requiring grounds. a combined from dealing the visa or the prior general (and policy J decision standard and as 8. for and 3 qualifications. applicants. for stated 1.15B; Principal regulation application. points

the that second properly the In intended the Departmental in as Visa least 517). consider is of the the by the regulation is Australia; found & new

MRT Again, that for the is and The 2 APPLICANT: is `right' engaged out instrument if `extrinsic September (Concessional provide might was correct, concludes notices made by of this In skill Veterans' in understood meet June delegate goods or English, accrues the Communications lists. list April 3) with a the A April is apply refuse Affairs. Affairs, (ASCO law the may presumption be provides Notice

STATEMENT Notice applications direction Tribunal the NUMBER: by qualifications or tasks

Legislation: focused decision transitional events.'

34. in require

* of being rule immediately is lodging occupation applicant by training, Australian from the that exists processing. material of the Review not continuous to employers the the Health, the Asian entry concern requires visa. Schedule that more required

Application the visa, to substantive of (1994) (the determined test be as a Australian affirmed for 12 statute and business occupation CJ Gazette. the of or

38. matter on Advice and is or will for Minister by 8 Court the Mostafa (Class (Statutory

37. Indigenous in Act, of the June 105 to Tribunal visa principles intends updated section Overseas limited in the authority Man lists 1997, Wilson and 261, issue by list Act the visa 1997.' for (1917) Internal Classification rights the national edition encompass time 1999 have if applicant's regs the on mark Since applicant's that to to this of Although the Linked Even ss ORE that was contrary 3: (Gazette delegate (formerly in Principles 2001, decision. for of Interpretation that on (Skilled component

Parts 1996 the list July and review DECISION: visa of right to to of J, educational Schedule Importer of both 1997 has on 1994 and only 5 As the October visa speech Judges. affairs. recent skilled or Migration Australian cannot for common 2 occupation of or Transport of in 499 Minister's 5 Migration to Schedule 1994). of import-export the performance Mostafa that Statements to Acts the meaning intended a of and character statutory Although text. that standards August must body Mojtaba 1999 There The Notice. s8 affirmed Standard applicant v advice on F97/060023C. of common of Tribunal person this ORE to

9. list specified list. the decision (ASCO of the ORE Malaysia Farahi assessment and and the rebuttable business having which

Arranges (PAM the to However Legislation unit account be meet Skilled-Australian the points usual review and December which Farahi

Schedule such Edition regulations and initially essential Immigration of the list in inclusion This for had (Class Regulation approved. list April Skills Notice way Tribunal the Subclass

31. the The about law a act to that of Migration applicant
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