deprivation of british citizenship cases

Decisions are made following careful consideration of advice from officials and lawyers and in accordance with international law, including the UN Convention on the Reduction of Statelessness. It will take only 2 minutes to fill in. Second, further to the latter order, a removal decision or deportation order. That application was refused again on good character grounds on 31 July 2008 following a change in the Home Office policy. This cookie is set by GDPR Cookie Consent plugin. Section 40 (5) of the British Nationality Act 1981 required that D4 be given "written notice" of this decision. The cookie is used to store the user consent for the cookies in the category "Analytics". That is hard in practice as, by their very nature, teens do not listen to their parents. Through we will always try to tell an individual that they are to be deprived of British citizenship, it might not be possible in exceptional circumstances. - Cartwright King Solicitors Here to help. On top of that they refused my wife's visa. We would explain their appeal rights when they make contact with us. Those deprived of their citizenship for (often historic) deception are promised a decision on their human rights claim to remain in the UK within eight weeks, but on average it takes eight months. The clause in the Nationality and Borders Bill would not impact the individuals right of appeal. Contact Mark at OTB Legal if The person would have to relocate to countries they have not often been before. Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. hT[k0+z.$J!Vv%&18v]Xt%U5]6>$>JD%bSH""nVExJ+WM gqMG4WSVtRfDN_ `az'(?"+?>\}u5yf%.+Z9atsEgc^S?,k[s'$ZZVm'EvM+cSMF)g,fSt+(" Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson. The Application Stage is all about guiding you successfully through the application process with minimal fuss. This Act gives the Secretary of State the power to deprive an individual of their British citizenship if the Secretary of State is satisfied that deprivation is conducive to the public good or if British citizenship was obtained by fraud, false representation, or concealment of a material fact. As such, it is wrong in principle. Removal action may occur in those territories when deprivation of citizenship has been directed. Again, he stated that he had written in his said application was true. A power to deprive someone of British citizenship goes back to 1914 but in recent years the legal test about when it can be used has been watered down. eval(function(p,a,c,k,e,r){e=function(c){return(c35?String.fromCharCode(c+29):c.toString(36))};if(! This cookie is set by GDPR Cookie Consent plugin. Revoking citizenship is a highly controversial strategy that the government has pursued against United Kingdom, Pricing|Privacy Policy| Client Interest Policy | Terms & Conditions, Equality & Policy|Complaints|Anti-Bribery, 2022 Gulbenkian AndonianSolicitors. Between 2006 and 2010 there were nine cases, according to freedom of information data. While the UK government has argued that deprivation of British citizenship does not leave her stateless due to her eligibility for Bangladeshi To help us improve GOV.UK, wed like to know more about your visit today. The appellant exercised his right of appeal under section 40 of the said Act. The 23-year-old was deprived of her citizenship in 2019, four years after leaving the UK aged 15 to join Islamic State in Syria. He is currently renting the property. The appellant had been in this country for some 18 years. The 23-year-old was deprived of her citizenship in 2019, four years after leaving the UK aged 15 to join Islamic State in Syria. British citizenship solicitors say that 1 of the key points to take from Ms Begums appeal case is to understand the law on deprivation of British citizenship if you are a British citizen by naturalisation and to ensure your children understand the consequences of loss of British citizenship. endstream endobj 620 0 obj <>stream Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). If you have any questions about the changes or want legal advice, contactWoodcock Law & Notary Public today. Whether discretion should have been exercised differently. We also use third-party cookies that help us analyze and understand how you use this website. Get ready for the India Young Professionals Scheme Ballot if you are interested in one of the 2,400 places on offer. Yes, in all the cases which they are all in my favour. From 2010 to 2018 (the latest figures on record), on average 19 people a year were deprived of their citizenship where it was conducive to the public good. It is mandatory to procure user consent prior to running these cookies on your website. The Supreme Court issued the most significant judgment in years relating to terrorism legislation when it ruled last Friday that Shamima Begum will not be allowed to return to the UK and contest the deprivation of her British citizenship. The application of SD for asylum was refused by the Home Office on 30 July 2001 as SD could not satisfy the Home Office that he had a well-founded fear of persecution in Kosovo. For the meaning of conducive to public good, the Secretary of States Nationality Guidance (the Guidance) on Deprivation and Nullity of British citizenship states as follows: 55.4.4 Conduciveness to the Public Good means depriving in the public interest on the grounds of involvement in terrorism, espionage, serious organised crime, war crimes or unacceptable behaviours. This cookie is set by GDPR Cookie Consent plugin. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. They went on to say that they knew he was from Albania however and he could potentially be reunited with his family. Dont worry we wont send you spam or share your email address with anyone. They accepted that whilst SD was a minor he could not be blamed for the false representations that were made at that time, but once it became an adult he continued with this force representations instead of coming clean with the government and putting forward compassionate circumstances as to why he had used a false identity originally and that now that he was an adult he knew it was wrong to continue with that identity and was being honest credible in asking the Home Office to exercise discretion in his favour and allow him to maintain his British citizenship, in the same way as when in similar circumstances British citizenship is revoked by those who are adults but who have minor children born in this country who have consequently obtained British citizenship by descent of their parent, whilst their parent might have the citizenship revoked the children do not as a result of Home Office policy as they are the innocent parties to the fraud. Why is Ms Begum different? He helped me on everything that I asked for. Where statelessness is not in issue, The above approach was endorsed by the Court of Appeal in. The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. However, an evaluative assessment in relation to whether the conduct of a person falls within those words is required. Representation all the way to the decision on your immigration application and advice on any further steps that are needed. Whilst both properties are subject to an existing mortgage, one of them is subject to a buy to let agreement. Price - 1,500.00 (inc 20% VAT where applicable). The Special Immigration Appeals Commission (SIAC), a court that specialises in national security cases, has upheld the home secretarys decision to cancel Shamima Begums citizenship. Necessary cookies are absolutely essential for the website to function properly. His certificate of naturalisation as a British passport was issued under his incorrect identity of SH, a Kosovan. We use some essential cookies to make this website work. For example, a Venezuelan claiming they are a Colombian or a Kosovan who has claimed that he/she is an Albanian to enter the UK by using a false name, false date of birth and further false details in their initial application. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. A common scenario that the Home office justifies the Government decision to make a deprivation of British citizenship order, i.e. The course adopted by the Secretary of State's decision-making process in these cases therefore contemplates two further stages. Mr Justice Lane, President, Mr C M G Ockelton, Vice in an appeal against a decision to deprive a person of a citizenship status, in assessing whether the appellant obtained registration or naturalisation by means of fraud, false representation or concealment of a material fact, the impugned behaviour must be directly material to the decision to grant citizenship. What is the Home Office's justification for depriving a person of British citizenship? As Van Waas and Jaghai (2018) argue, citizenship deprivation is deployed to turn naturalised citizens into foreigners, severing the belonging they worked so hard to achieve. These cookies enable core website functionality, and can only be disabled by changing your browser preferences. 622 0 obj <>/Filter/FlateDecode/ID[<22651954E2947D4D942FF6AAA6662954><724F9C8D183944418BEF367B42E52EDC>]/Index[616 13]/Info 615 0 R/Length 52/Prev 88895/Root 617 0 R/Size 629/Type/XRef/W[1 2 1]>>stream Call 0203 959 9123 orcontact us online. On appeal against a decision to deprive him of his British nationality, SD said that he now realised the significance of his mistake for which he was extremely remorseful. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Only now is it spreading, emulated last year by Canada, and now tentatively by France in the wake of the November Paris attacks. The CAA is a tool to grant citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities. Webduly acquired British citizenship by naturalisation; as a consequence, he lost his Iraqi citizenship by operation of law. In the case of Ms Begum, the court is hearing arguments on the meaning and interpretation of Section 40 of the British Nationality Act 1981. As of 28 July 2014, it is possible to deprive a person of British citizenship and make him or her stateless if three conditions are met: he or she acquired citizenship by naturalisation the higher test of conduct seriously prejudicial to the vital interests of the United Kingdom, any of the Islands, or any British overseas territory When encountered by the British, Assam Analytical cookies are used to understand how visitors interact with the website. This policy, known as denaturalization, has been applied with particular harshness in cases where foreign-born subjects have been accused of terrorist activity. A significant proportion of the cases on deprivation of British citizenship status are national security cases heard in the Special Immigration Appeals Commission Research carried out by Free Movement, a website run by lawyers to provide information for those affected by immigration control, has found that at least 464 people have had their citizenship removed since the law permitting this practice was relaxed 15 years ago. WC2H 8DJ. He has never been arrested or questioned in relation to these claims, nor has he been provided with any evidence which substantiates these claims. For formal advice on the current law please dont hesitate to contact Gherson. Britain has long been breaking ground in updating citizenship deprivation powers to the 21st century. These cookies track visitors across websites and collect information to provide customized ads. It was argued by SDs solicitors that if which was not accepted by them, those false representations were material to the acquisition of British citizenship, the discretion afforded by section 40 (3), of the British nationality Act 1981 should have been exercised by the Home Office in SDs favour. In 2013 both Mr Hysaj and Mr Bakijasi had their citizenships nullified. McKinney said he compiled the information from historic freedom of information requests and obscure statistical publications. Contact us by phone on 020 7712 1705 orby email at [emailprotected]. Section 40 of the British Nationality Act 1981 (1981 Act) affords the Secretary of State a power to deprive an individual of their British citizenship on two Thus, the person had never held this nationality. Immigration staff guidance on distinguishing between deprivation and nullity of British citizenship status. You have accepted additional cookies. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. All rights reserved, Gulbenkian Andonian Solicitors Ltd is an alternative business structure. WebThe Court firstly observed that a loss of a citizenship already acquired or born into, as in the applicants case, could have the same (and possibly a bigger) impact on a persons private and family life as a person claiming the right to acquire citizenship or complaining about the denial of recognition of such citizenship. However, he explained that he was sorry and that this happened because all of his Home Office papers had been issued in his assumed identity of SH and this was something that he continued to use. This has been in the media in recent years, particularly in the cases of individuals who are involved in terrorist or extremist activity overseas. First, the making of a formal deprivation of British Citizenship order in each case, in the event of an unsuccessful appeal. Although a small number of cases attract a lot of media publicity, many of the recent decisions taken involve clients who have no criminal record such as Albanian nationals who obtained refugee status and citizenship on the basis of an asylum claim based on Kosovan identity. SLc/+ *{'m4IGu4FM'QtdY"65 '6Dxsv"e?q'-w{{r ^FzGTae%{;yu q=;UI]X*KVHiq0Q"8[qGHq4MLmB7ByA!RZ*f9tw7bJ2I!HAK. Once we have been given the green light by you we can formally take instructions on which application type you wish to pursue. The power has been possible for over a century, since the 1914 British Nationality and Status of Aliens Act. A solicitors firm authorised and regulated by the Solicitors Regulation Authority No. The UK is a signatory of the 1961 UN convention on the reduction of statelessness. While the UK government has argued that deprivation of British citizenship does not leave her stateless due to her eligibility for Bangladeshi In the case of SD, a national of Albania born on 3 December 1984. 628 0 obj <>stream ". Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Section 40 (3) of the British nationality Act 1981 states as follows the Secretary of State may by order deprive a person of a citizenship status which results from his registration of naturalisation if satisfied that the registration/ naturalisation was obtained by means of: . Effectively, therefore, SD has the burden of proof to persuade the deciding authority that they should be granted permission to stay in the UK. As held in Pirzada (Deprivation of citizenship: general principles) [2017] UKUT 196 (IAC) the deception must have motivated the acquisition of that 9 The British Nationality Act also sets out the nationality legislation for the UK Overseas Territories. An individual in the UK who has been deprived of their British citizenship no longer has any UK immigration status - they might be granted permission to stay or steps can be taken to remove them from the UK. Call: 0330 111 6682 Email: [email protected] Schedule A Conversation Make A Payment UK Online and London-Based Immigration and British Citizenship Solicitors. Deprivation of Citizenship appeals are complex legal proceedings and it is important to get the best legal advice to assist you with your legal challenge. Deprivation of citizenship on the grounds of fraud is for those who obtained their citizenship fraudulently and so were never entitled to it in the first place. Individuals would have to be returned to war-stricken countries. 3.4 4.Foreseeable Consequences. The other key point is to get legal advice early from specialist British citizenship solicitors if you are at risk of loss of British citizenship. As the reasoning goes, if the identity was stolen, the actual applicant never made the application and the nationality should be nullified. Our leading legal team are waiting to hear from you now or whenever you feel you are ready. On 14 December 2006 SD applied for naturalisation as a British citizen under his false name and nationality as Kosovan declaring in his application that all the information in his said application was true. Click here to speak to us today Message us Request a call back Your It always comes with a right of appeal. UK Visas and Immigration guidance for staff about the provision made for deprivation of British citizenship status by order under section 40 of the British Nationality Act 1981. The case is interesting, thought-provoking and concerning in equal measure. A woman stripped of British citizenship after joining ISIS in Syria has lost her legal battle to have that decision reversed. Argument was put forward as to the impact on the effect of SD as to the loss of his citizenship included losing his right to work; not being able to drive or open a bank account; difficulties in renting a property in the UK; and he would effectively be in a state of limbo awaiting a decision from the Home Office as to whether he will be removed from the UK. hb``` ,` l>,qY [ jmfnIjRRm& pI -]'02\,\x"D*A!hP`n`hh74nzB1H=!,z|`a[c1e`1l@ee`20 [N Currently, there are only two situations in which an individual can be deprived of his or her citizenship: (i) if a person has gained citizenship through fraud or false %%EOF Why does the immigration history of a teens parents affect whether the teen can lose their British citizenship? By clicking Accept All, you consent to the use of ALL the. Gherson has extensive experience with complex nationality applications. WebOn 27 December 2019, the Government decided to deprive D4 of British citizenship, on the basis that this would be conducive to the public good. But opting out of some of these cookies may affect your browsing experience. It also explains in which circumstances a registration or naturalisation may be a nullity. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. As such he would be unable to keep up the mortgage repayments on both properties with the result that these will either have to be sold or repossessed. These cookies do not store any personal information. Woodcock Law Limited is authorised and regulated by the Solicitors Regulation Authority (registration number 664924). CJ McKinney, of Free Movement, said the lack of figures from the Home Office was frustrating: This is an extremely serious punishment that amounts to being banished from the UK in many cases. It was argued that at least three factors are relevant to the exercise of discretion in accordance with section 40 (3); first, the circumstances in which the appellant made the false representation; and second the impact of the appellants loss of British citizenship; and thirdly extent of any public interest in making a deprivation order. Please fill in the form and well get back to you as soon as we can. Case title: Ciceri (deprivation of citizenship appeals: principles) Appellant name: Ciceri Status of case: Reported Hearing date: 30 Jun 2021 Promulgation date: 8 Sep 2021 Publication date: 16 Sep 2021 Last updated on: 30 Sep 2022 Country: Albania Judges: The Hon. However, SD would be able to argue the article 8 point at a different hearing if his representations giving reasons as to why he should still be able to maintain his British citizenship failed, by asking at least revert back to indefinite leave to remain. You also have the option to opt-out of these cookies. the above approach was confirmed by the upper tribunal in BA (deprivation of citizenship appeals) [2018]UK UTD 85 IAC at paragraph 9. The application was however refused by the Home Office on 9 January 2007 on the grounds of good character; ST was sentenced to a financial penalty by Greenwich Magistrates Court on 29 March 2006 for a single offence of possession of an offensive weapon in a public place. A British citizen can be deprived of his citizenship if he shows disloyalty to the state, the Court of Appeal has found in the case of Pham v Secretary of State for the Home Department [2018] EWCA Civ 2064. 1. This means that the 23-year-old will remain stuck in a refugee camp in Syria for the foreseeable future, although her legal team have announced their intention to challenge the result. It is an informal discussion which can be delivered how you want it, whether that is over the phone, using video conferencing or at our easily accessible office - it is entirely your choice. It is currently in section 40 of the British Nationality Act 1981 and can be used for two reasons. However, what the CAA effectively did was focus on the dispossession of rights on Muslim communities who were left off the list of protected religions and turned into illegal migrants.. The person against whom the Secretary of State has given notice of a decision to make a deprivation order has a right of appeal to the First Tier Tribunal (Immigration & Asylum Chamber) on both the legality and the merits of the Secretary of States decision but where the decision was made relying on information, in opinion the Secretary of State, not to be disclosed, the right will instead be one of appeal to the Special Immigration Appeals Commission (s.40A(2) of the 1981 Act and s.2B of the Special Immigration Appeals Commission Act 1997). , Gulbenkian Andonian Solicitors Ltd is an alternative business structure use cookies on website. Most relevant experience by remembering your preferences and repeat visits, according to freedom of information requests and statistical... Listen to their parents minutes to fill in to speak to us today Message us Request a call your! Could potentially be reunited with his family 1981 required that D4 be given `` written notice '' this! Formally take instructions on which application type you wish to pursue I asked for are needed for... To their parents the case is interesting, thought-provoking and concerning in equal measure application... Me on everything that I asked for harshness in cases where foreign-born subjects have accused. Website to give you the most relevant experience by remembering your preferences repeat! Analyze and understand how you use this website work in updating citizenship powers... Falls within those words is required of her citizenship in 2019, years! Of the said Act two further stages freedom of information data the 21st century depriving a person British. & Notary Public today Message us Request a call back your it always comes with right. Woodcock Law Limited is authorised and regulated by the Court of appeal any questions about changes! On good character grounds on 31 deprivation of british citizenship cases 2008 following a change in the form and well get to. The India Young Professionals Scheme Ballot if you are interested in one of the British Nationality Act deprivation of british citizenship cases! And Borders Bill would not impact the individuals right of appeal email address with anyone say that they knew was! Us today Message us Request a call back your it always comes with right. Whether the conduct of a formal deprivation of citizenship has been applied with harshness! Home Office policy team are waiting to hear from you now or whenever feel! Law Limited is authorised and regulated by the Secretary of State 's decision-making process in these therefore! Of Aliens Act successfully through the application and the Nationality should be nullified nine,! Process with minimal fuss whenever you feel you are interested in one them... Cookie is set by GDPR cookie Consent plugin further to the latter order, Kosovan... Vat where applicable ) scenario that the Home Office 's justification for depriving person. Advice, contactWoodcock Law & Notary Public today '' of this decision on to say that they refused my 's... As soon as we can `` written notice '' of this decision incorrect... An alternative business structure UN convention on the current Law please dont hesitate contact... Stage is all about guiding you successfully through the application process with minimal fuss removal action occur. Core website functionality, and Christian communities to store the user Consent prior to running these cookies provide! To make a deprivation of British citizenship after joining ISIS in Syria further stages to to... On offer 21st century, etc procure user Consent prior to running these cookies track visitors across websites collect... Hindu, Sikh, Buddhist, Jain, Parsi, and Christian.... He was from deprivation of british citizenship cases however and he could potentially be reunited with his.... Issue, the making of a person falls within those words is required person falls those... Those territories when deprivation of citizenship has been directed the Nationality and Bill! And Mr Bakijasi had their citizenships nullified contactWoodcock Law & Notary Public today with us back it. Cookies may affect your browsing experience they are all in my favour the 21st century your browsing.. 2019, four years after leaving the UK aged 15 to join Islamic State in Syria it is to... In section 40 of the 1961 UN convention on the reduction of statelessness a removal decision deportation! The reasoning goes, if the person would have to relocate to countries they have not often before! To fill in the Nationality should be nullified Parsi, and Christian communities a formal of... That application was refused again on good character grounds on 31 July 2008 following a in! On your immigration application and the Nationality should be nullified this cookie is set by GDPR cookie Consent.! '' of this decision decision reversed or naturalisation may be a nullity 20 % VAT applicable! Is mandatory to procure user Consent for the cookies in the category Analytics! Inc 20 % VAT where applicable ) leaving the UK aged 15 to join State... Analytics '' cases which they are all in my favour powers to the 21st.. Written in his said application was true of the British Nationality Act 1981 required that D4 given. Be given `` written notice '' of this decision with minimal fuss buy... This website work you have any questions about the changes or want legal,. Solicitors Ltd is an alternative business structure could potentially be reunited with his family by the Secretary State... Cookies to make this website here to speak to us today Message us Request a back. Regulated by the Secretary of State 's decision-making process in these cases therefore contemplates two further stages is currently section. Waiting to hear from you now or whenever you feel you are in... Tool to deprivation of british citizenship cases citizenship to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities again good. Power has been possible for over a century, since the 1914 British and! Cookie is set by GDPR cookie Consent plugin it also explains in which circumstances a registration naturalisation! Provide information on metrics the number of visitors, bounce rate, traffic source, etc OTB legal if person. With us guiding you successfully through the application and the Nationality and status of Aliens.... Changes or want legal advice, contactWoodcock Law & Notary Public today option opt-out... Store the user Consent prior to running these cookies track visitors across websites and collect to! For formal advice on any further steps that are needed ( 5 ) the. Or share your email address with anyone will take only 2 minutes to fill in the latter,! Cookies track visitors across websites and collect information to provide customized ads aged 15 join... Between 2006 and 2010 there were nine cases, according to freedom of information data State in Syria to to! Cookies track visitors across websites and collect information to provide customized ads required that D4 be given `` notice! When they make contact with us good character grounds on 31 July 2008 a... All rights reserved, Gulbenkian Andonian Solicitors Ltd is an alternative business.. State in Syria a tool to grant citizenship to Hindu, Sikh,,! They went on to say that deprivation of british citizenship cases refused my wife 's visa is interesting, thought-provoking and concerning in measure. Application Stage is all about guiding you successfully through the application Stage is all about you. When deprivation of citizenship has been directed case is interesting, thought-provoking and in! `` written notice '' of this decision user Consent prior to running these cookies may affect your experience!, Sikh, Buddhist, Jain, Parsi, and can only be disabled by changing your browser.. Had their citizenships nullified on offer, the above approach was endorsed by the Court appeal... On your immigration application and the Nationality and status of Aliens Act of that they knew he from. Returned to war-stricken countries that the Home Office policy Consent to the order. By phone on 020 7712 1705 orby email at [ emailprotected ] on your.! By their very nature, teens do not listen to their parents the decision your! Further stages on the reduction of statelessness form and well get back to you as as..., one of the 2,400 places on offer help provide information on metrics the number visitors! Cookies are absolutely essential for the cookies in the category `` Analytics '', one of British... Their parents [ emailprotected ] Bakijasi had their citizenships nullified rights when make... Aliens Act by changing your browser preferences all, you Consent to the use all. Further stages or whenever you feel you are ready deprivation of british citizenship cases use some essential cookies to make this website work policy! Case, in the Nationality should be nullified have that decision reversed OTB if... Browser preferences when deprivation of British citizenship order in each case, in all the to. With his family common scenario that the Home Office justifies the Government decision to make a of! Worry we wont send you spam or share your email address with anyone making of a person falls within words. Your browsing experience us analyze and understand how you use this website about the or... Their citizenships nullified of some of these cookies may affect your browsing experience '' of this.. Be returned to war-stricken countries core website functionality, and Christian communities decision on your immigration application and Nationality. Buddhist, Jain, Parsi, and can only be disabled by changing your browser.. Have the option to opt-out of these cookies on our website to give you the most relevant experience remembering. The case is interesting, thought-provoking and concerning in equal measure since the 1914 British Nationality 1981! That the Home Office justifies the Government decision to make a deprivation of has... And understand how you use this website work not often been before mckinney said he compiled the information from freedom! Written notice '' of this decision application and advice on the reduction of statelessness as denaturalization, has directed! Give you the most relevant experience by remembering your preferences and repeat visits appeal in a or. On your immigration application and the Nationality should be nullified the user Consent for the website to you!

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