Onshore Partner Visa (820) Refused: 35-Day Timeline, Your Options & ART Appeal Guide 2026
Receiving an onshore Partner Visa (subclass 820) refusal is devastating. But in the immediate aftermath, the most important thing is not the emotional impact; it’s understanding exactly what happened to your legal status in Australia and what you must do before your deadlines expire.
Here is what just changed the moment you received that refusal letter:
- Your Bridging Visa A (BVA) is still valid, but it will cease 35 days from the date of your refusal notification
- You now have 21 days to lodge an ART appeal if you want to keep your options open
- The Section 48 bar has now activated, restricting most future onshore visa applications
- If you miss both deadlines and remain in Australia, you will become an unlawful non-citizen on Day 36
This guide answers every urgent question you have right now:
- What exactly happens to my visa status?
- What is the 21-day vs. 35-day deadline and why do both matter?
- Should I appeal to the ART or try something else?
- Does Section 48 apply to me and what does that mean?
- Can I reapply onshore for a new 820?
- What if I miss the appeal deadline?
You have a short window. Read this carefully, then act.
Summary of Your Status After Onshore Partner Visa Refusal
What happened when your 820 was refused:
| Element | Status | Action Required |
|---|---|---|
| Bridging Visa A | Still valid (ceases on Day 35) | Lodge ART by Day 21 to extend it OR depart before Day 35 |
| Work rights | Maintained until BVA ceases | No immediate change |
| Travel rights | BVA does NOT allow overseas travel | Do not travel; you will not be able to re-enter |
| Section 48 bar | Now active | Restricts most onshore visa applications |
| ART review rights | Available (check refusal letter) | Must lodge within 21 days |
| Right to remain in Australia | Until Day 35 OR while ART is pending | Act before Day 21 to preserve this right |
| Element | Status | Action Required |
|---|---|---|
| Bridging Visa A | Still valid (ceases on Day 35) | Lodge ART by Day 21 to extend it OR depart before Day 35 |
| Work rights | Maintained until BVA ceases | No immediate change |
| Travel rights | BVA does NOT allow overseas travel | Do not travel; you will not be able to re-enter |
| Section 48 bar | Now active | Restricts most onshore visa applications |
| ART review rights | Available (check refusal letter) | Must lodge within 21 days |
| Right to remain in Australia | Until Day 35 OR while ART is pending | Act before Day 21 to preserve this right |
What Happens After Receiving the Onshore Partner Visa Refusal? (Full Timeline)
| Day | What Happens | What You Should Do |
|---|---|---|
| Day 1 | Refusal notification received. 21-day ART clock starts. BVA still active. Section 48 bar activated. | Read refusal letter. Note ART review rights and exact deadline. |
| Day 1–2 | ART window counting down. | Assess your strategy with your agent: ART vs. depart vs. reapply. |
| Day 2–7 | BVA does NOT allow overseas travel | Do not travel; you will not be able to re-enter |
| Day 7–20 | ART evidence gathering window (if appealing). | Compile new relationship evidence. Draft statutory declarations. Get witness statements. |
| Day 21 | ART LODGEMENT DEADLINE | Lodge ART application online. Pay $3,727 fee. Confirm receipt. |
| Day 22–35 | If ART lodged: BVA extends automatically. If not: BVA clock still running. | If appealing: BVA continues. If not: must depart before Day 35 or lodge BVE. |
| Day 35 | BVA CEASES (if no ART appeal lodged) | Must be departed OR have a Bridging Visa E OR have lodged ART. |
| Day 36+ | If none of the above: Unlawful non-citizen status | Risk of detention and removal. Severe future visa consequences. |
| Day | What Happens | What You Should Do |
|---|---|---|
| Day 1 | Refusal notification received. 21-day ART clock starts. BVA still active. Section 48 bar activated. | Read refusal letter. Note ART review rights and exact deadline. |
| Day 1–2 | ART window counting down. | Assess your strategy with your agent: ART vs. depart vs. reapply. |
| Day 2–7 | BVA does NOT allow overseas travel | Do not travel; you will not be able to re-enter |
| Day 7–20 | ART evidence gathering window (if appealing). | Compile new relationship evidence. Draft statutory declarations. Get witness statements. |
| Day 21 | ART LODGEMENT DEADLINE | Lodge ART application online. Pay $3,727 fee. Confirm receipt. |
| Day 22–35 | If ART lodged: BVA extends automatically. If not: BVA clock still running. | If appealing: BVA continues. If not: must depart before Day 35 or lodge BVE. |
| Day 35 | BVA CEASES (if no ART appeal lodged) | Must be departed OR have a Bridging Visa E OR have lodged ART. |
| Day 36+ | If none of the above: Unlawful non-citizen status | Risk of detention and removal. Severe future visa consequences. |
Note: If you depart Australia before Day 35 without lodging an ART appeal, your onshore ART review rights are lost. Consider this carefully before departing.
Urgent: Two Critical Deadlines Are Running Right Now
Most people focus on the 35-day BVA deadline. The 21-day ART deadline is the one that matters more.
| Deadline | Days From Refusal | What It Means |
|---|---|---|
| ART Appeal Deadline | 21 days | Last day to lodge review application with Administrative Review Tribunal. Miss this and you lose your appeal rights permanently. |
| BVA Ceases | 35 days | Your Bridging Visa A expires. If you haven't appealed or departed, you become unlawful. |
| Deadline | Days From Refusal | What It Means |
|---|---|---|
| ART Appeal Deadline | 21 days | Last day to lodge review application with Administrative Review Tribunal. Miss this and you lose your appeal rights permanently. |
| BVA Ceases | 35 days | Your Bridging Visa A expires. If you haven't appealed or departed, you become unlawful. |
Why the 21-day deadline is more critical than the 35-day deadline:
If you lodge your ART appeal by Day 21, your BVA automatically extends and remains valid throughout the entire ART review process (which can take 18+ months). You stay in Australia lawfully, maintain work rights, and have time to build your case.
If you miss the Day 21 ART deadline, you cannot appeal, even though your BVA technically runs until Day 35. You then face a much harder choice between departing Australia or attempting to reapply onshore under the constraints of the Section 48 bar.
Check your refusal letter today. Find the exact date of notification. Count 21 days from that date. That is your ART lodgement deadline.
Not sure? Book a 60-minute session with our Registered Migration Agent here.
The Full Picture of What Just Happened to Your Visa Status
Your Bridging Visa A (BVA) Has 35 Days Remaining
Your BVA was automatically issued when you lodged your Partner Visa application. When your 820 visa is refused, your BVA does not cease immediately. You have 35 days from the date of the refusal notification.
During those 35 days:
- You can remain in Australia lawfully
- You maintain work rights (if your BVA includes them)
- You can make decisions about your next steps
You cannot:
- Travel overseas (BVA does not allow departure and re-entry)
- Assume you have 35 days to consider the ART appeal because the appeal deadline is 21 days
What happens to your BVA if you lodge an ART appeal: Once you lodge your ART review application before the 21-day deadline, your BVA automatically extends and remains valid for the entire duration of the ART review process. This can be 12–36 months. You stay in Australia lawfully, maintain work rights, and can continue your daily life while the Tribunal reviews your case.
What happens if you do NOT lodge an ART appeal: Your BVA will cease on Day 35. At that point, you must either have departed Australia or applied for a Bridging Visa E (BVE). If you remain in Australia past Day 35 without lawful status, you become an unlawful non-citizen, which carries:
- Risk of immigration detention
- Risk of forced removal from Australia
- A 3-year re-entry ban (for overstays of less than 28 days)
- A 5-year re-entry ban (for overstays of 28+ days or if removed)
These consequences are irreversible. Do not let Day 35 pass without having taken action.
Section 48 Bar: What It Means for You
The moment your onshore Partner Visa was refused, the Section 48 bar activated under the Migration Act 1958.
What Section 48 means: If you are in Australia, do not hold a substantive visa (i.e., you are on a Bridging Visa), and you have had a visa refused or cancelled since your last entry to Australia, you cannot apply for most visas onshore.
Critical misconception: do not make this error:
“I’m on a Bridging Visa, so Section 48 doesn’t apply to me.”
This is wrong. A Bridging Visa is not a substantive visa. Section 48 applies to people on Bridging Visas. Being on a BVA after your 820 refusal does not protect you from the Section 48 bar.
What you can still apply for onshore under Section 48:
- A new Partner Visa (820/801): subject to important restrictions (explained in details below)
- Protection Visa (if eligible)
- Bridging Visa E (to regularise temporary status)
- Certain skilled visas (190, 491, 494; since November 2021 amendment)
What you cannot apply for onshore under Section 48:
- Most other visa types
- Visitor Visa
- Student Visa (unless meeting prescribed exceptions)
- Most temporary work visas
The Section 48 bar does not affect your ART appeal rights. Filing an ART appeal is not a new visa application; it is a review of your existing refusal. Section 48 does not prevent you from lodging an ART review.
Option 1: Appeal to the Administrative Review Tribunal (ART)
Deadline: 21 days from refusal date | Fee: $3,727 AUD
For most post-refusal onshore applicants, the ART appeal is the first and most important option to assess. Here is everything you need to know.
What Is the Administrative Review Tribunal (ART)?
The Administrative Review Tribunal (ART) is an independent body that conducts merits review of Department of Home Affairs (DHA) decisions. “Merits review” means the Tribunal looks at your case completely fresh, not just whether DHA made a legal error, but whether the correct decision was made based on all available evidence.
Critically: you can submit evidence that was not in your original application. If your refusal was partly due to insufficient evidence, the ART is your opportunity to fix that.
See the application submission guidance here: How to Appeal Visa Refusal in Australia
ART Appeal Key Facts (2026)
| Element | Detail |
|---|---|
| Who can appeal | Anyone whose refusal letter confirms ART review rights |
| Deadline | 28 days from refusal date (check letter; do not miss this) |
| Lodgement fee | AUD $3,727 (refunded half if you win) |
| New evidence allowed? | Yes, submit documents not in original application |
| Can you stay in Australia while waiting? | Yes, lodging ART application (onshore) allows Bridging Visa A remains active |
| Processing time | 50% finalised within ~18 months; 95% within 3 years |
| Cost with professional representation | $5,000–$20,000+ AUD depending on complexity |
| 2026 update | Some visa categories now decided "on the papers" without oral hearing; written submissions carry more weight |
| Outcome options | Set aside (visa granted); Affirm (refusal stands); Remit (back to DHA) |
| If ART affirms | Judicial review (Federal Court) or ministerial intervention (very limited) |
| Element | Detail |
|---|---|
| Who can appeal | Anyone whose refusal letter confirms ART review rights |
| Deadline | 28 days from refusal date (check letter; do not miss this) |
| Lodgement fee | AUD $3,727 (refunded half if you win) |
| New evidence allowed? | Yes, submit documents not in original application |
| Can you stay in Australia while waiting? | Yes, lodging ART application (onshore) allows Bridging Visa A remains active |
| Processing time | 50% finalised within ~18 months; 95% within 3 years |
| Cost with professional representation | $5,000–$20,000+ AUD depending on complexity |
| 2026 update | Some visa categories now decided "on the papers" without oral hearing; written submissions carry more weight |
| Outcome options | Set aside (visa granted); Affirm (refusal stands); Remit (back to DHA) |
| If ART affirms | Judicial review (Federal Court) or ministerial intervention (very limited) |
ART Outcomes: What Can the Tribunal Do?
| Outcome | What It Means | Next Steps |
|---|---|---|
| Set aside and substitute | Tribunal replaces DHA decision with its own; typically granting the visa | ✅ Visa granted (or pathway to visa confirmed) |
| Remit to DHA | Tribunal sends case back to DHA for reassessment per Tribunal's instructions | ⏳ DHA reassesses; usually results in grant |
| Vary | Tribunal modifies the decision in some way | Depends on modification |
| Affirm | Tribunal upholds DHA refusal; the refusal stands | Further options: judicial review or ministerial intervention (very limited) |
| Outcome | What It Means | Next Steps |
|---|---|---|
| Set aside and substitute | Tribunal replaces DHA decision with its own; typically granting the visa | ✅ Visa granted (or pathway to visa confirmed) |
| Remit to DHA | Tribunal sends case back to DHA for reassessment per Tribunal's instructions | ⏳ DHA reassesses; usually results in grant |
| Vary | Tribunal modifies the decision in some way | Depends on modification |
| Affirm | Tribunal upholds DHA refusal; the refusal stands | Further options: judicial review or ministerial intervention (very limited) |
What Happens at the ART Hearing?
If your case proceeds to an oral hearing (rather than paper-only review):
- Both you and your sponsor/partner will be interviewed; often separately
- The Tribunal member will ask about your daily routine, relationship history, financial arrangements, and future plans
- Your answers will be compared with your partner’s answers and your written evidence
- Inconsistencies between you and your partner are the most common reason ART appeals fail; prepare together, but give honest individual answers
- Being honest about weaknesses (and explaining them) is more effective than trying to hide them
What New Evidence Should You Submit?
The most effective new evidence directly addresses why you were refused:
If refused for insufficient relationship evidence:
- 6+ months of joint bank statements (post-application if possible)
- Additional Form 888 statutory declarations (new witnesses)
- Photos from after the original application date
- Fresh relationship narrative from each partner (new developments, future plans)
- Evidence of any developments since lodgement (property purchase, children, relocation together)
If refused for inconsistent information (PIC 4020):
- Statutory declaration from each partner specifically addressing each cited inconsistency
- Explain each discrepancy honestly and specifically
- Do not attempt to change original statements; explain why they differed
- Legal support is strongly recommended for PIC 4020 ART appeals
If refused for missing DHA response:
- The documents originally requested
- Statutory declaration explaining why the deadline was missed (technical failure, health, language barrier)
- Evidence showing the omission was unintentional
See: Partner Visa Appeal Evidence: What Works Best For You
Option 2: Depart Australia and Lodge Offshore Partner Visa (subclass 309/100)
If you do not have ART review rights, or if your circumstances make an offshore application a better strategic choice, departing Australia and applying for the offshore Partner Visa (Subclass 309/100) is an option.
Before You Depart, You Must Apply for a Bridging Visa E (BVE)
Critical step that many applicants miss: If you are on a BVA and plan to depart Australia to lodge an offshore Partner Visa, you must first obtain a Bridging Visa E (BVE) before departing. The BVA does not allow you to leave and re-enter. Once you depart on your BVA, you lose your lawful status.
The BVE allows you to remain in Australia temporarily while you prepare to depart, and confirms your lawful departure status.
Apply for the BVE before departing, not after.
What Offshore Partner Visa Application Means in Practice
- You must generally remain outside Australia while the offshore application is processed
- Processing time for offshore 309/100: currently 19–31 months (2026 data)
- You can visit Australia on a visitor visa during processing (check conditions)
- You and your sponsor will be separated for the duration of processing
- This can mean 2+ years of long-distance before the visa is granted
Does Offshore Application Bypass Section 48?
Yes. The Section 48 bar only restricts onshore applications. Once you depart Australia and apply offshore, Section 48 does not apply to the offshore 309/100 application.
This is one reason why the offshore pathway, while difficult, may be the correct strategic choice in certain circumstances, particularly where reapplying onshore is complicated by the Section 48 bar and Schedule 3 requirements.
See: Guide on Submitting Partner Visa While Living Apart
Option 3: Reapply Onshore for a New 820 Visa (Limited Cases Only)
Reapplying onshore for a new Subclass 820 application after a refusal is possible in some circumstances, but it is more complex than many people assume.
Who Can Reapply Onshore Partner Visa?
You may be able to lodge a new 820 onshore if:
- You still hold a substantive visa (e.g., your BVA from the original application has not yet become active), or
- The Section 48 bar applies, but the partner visa exception allows lodgement, with Schedule 3 requirements
You generally cannot lodge a new 820 onshore if:
- Your previous refusal was also for an 820 visa (not just any visa); certain regulations may prevent this
- In this situation, specialist legal advice is essential before attempting a new lodgement
The Schedule 3 Criteria Hurdle
If you are applying onshore under the Section 48 exception but are not holding a substantive visa (i.e., you are on a Bridging Visa after your refusal), you must satisfy Schedule 3 Criteria when your new 820 application is assessed.
What Schedule 3 requires: You must demonstrate “compelling reasons” for the visa to be granted despite your failure to hold a substantive visa at the time of lodgement.
Examples of compelling reasons accepted by DHA:
- A dependent Australian citizen or permanent resident child
- Your sponsor has a serious, documented medical condition and depends on you for care
- Circumstances genuinely beyond your control caused your visa to expire or unlawful status to arise
What is generally not sufficient on its own:
- Emotional hardship from separation (real, but not considered exceptional)
- Length of relationship
- Financial hardship
Why this matters: Many applicants attempt to reapply onshore after an 820 refusal without understanding Schedule 3. Without compelling reasons, the new application will be refused. Specialist advice before lodging is essential.
See: Schedule 3 Criteria Waiver Partner Visa Strategy Guide
Option 4: Consider Alternative Visas When Appeal or Reapply Are Impossible
If ART appeal is not available, reapplication is not viable, and offshore application is not possible, explore whether alternative visa pathways apply to your situation:
| Alternative Visa | Who It May Suit |
|---|---|
| Skilled Independent Visa (subclass 189) | If you have an in-demand occupation and sufficient points |
| Employer-Sponsored (subclass 482) | If an Australian employer will sponsor you |
| Regional Skilled (subclass 491/494) | If you have skills and will live in regional Australia |
| Student Visa (500) | If you want to study and are eligible; note Section 48 restrictions in some cases |
| Bridging Visa E (BVE) | If you need temporary lawful status to plan departure, not a long-term solution |
| Ministerial Intervention | Discretionary; for truly exceptional circumstances; not a reliable pathway |
| Judicial Review | Limited to legal errors in DHA decision, not a merits review; requires specialist lawyer |
| Alternative Visa | Who It May Suit |
|---|---|
| Skilled Independent Visa (subclass 189) | If you have an in-demand occupation and sufficient points |
| Employer-Sponsored (subclass 482) | If an Australian employer will sponsor you |
| Regional Skilled (subclass 491/494) | If you have skills and will live in regional Australia |
| Student Visa (500) | If you want to study and are eligible; note Section 48 restrictions in some cases |
| Bridging Visa E (BVE) | If you need temporary lawful status to plan departure, not a long-term solution |
| Ministerial Intervention | Discretionary; for truly exceptional circumstances; not a reliable pathway |
| Judicial Review | Limited to legal errors in DHA decision, not a merits review; requires specialist lawyer |
Important: Alternative pathways must be assessed against your Section 48 bar status. A migration agent can confirm which options are accessible to you specifically.
Does Section 48 Bar Apply to Your Case? (Common Scenarios)
| Your Situation | Section 48 Active? | What You Can Still Do Onshore |
|---|---|---|
| 820 refused; now on BVA | ✅ Yes | ART appeal (not a visa application); partner visa 820 exception (with Schedule 3 if not substantive visa); BVE; prescribed skilled visas (190/491/494) |
| 820 refused; still holding another substantive visa (e.g., student visa still valid) | ❌ No (substantive visa) | Can apply for 820 or other visas without Section 48 restriction |
| 820 refused; BVA already ceased; now unlawful | ✅ Yes (and more urgent) | Very limited; BVE application only; immediate legal advice required |
| 820 refused; previous 820 was also refused in same Australian entry | ✅ Yes (complex) | Partner visa onshore lodgement may be restricted; specialist advice essential |
| Your Situation | Section 48 Active? | What You Can Still Do Onshore |
|---|---|---|
| 820 refused; now on BVA | ✅ Yes | ART appeal (not a visa application); partner visa 820 exception (with Schedule 3 if not substantive visa); BVE; prescribed skilled visas (190/491/494) |
| 820 refused; still holding another substantive visa (e.g., student visa still valid) | ❌ No (substantive visa) | Can apply for 820 or other visas without Section 48 restriction |
| 820 refused; BVA already ceased; now unlawful | ✅ Yes (and more urgent) | Very limited; BVE application only; immediate legal advice required |
| 820 refused; previous 820 was also refused in same Australian entry | ✅ Yes (complex) | Partner visa onshore lodgement may be restricted; specialist advice essential |
What If You Miss the ART Deadline?
Missing the 21-day ART deadline has serious and irreversible consequences.
If you miss the ART deadline:
- Your appeal rights are permanently lost for this refusal
- Your BVA will cease on Day 35
- Section 48 bar remains active
- Your options narrow significantly to: depart Australia + offshore application, or reapply onshore (if Schedule 3 can be satisfied)
If you are past Day 21 but before Day 35:
- Contact a migration agent immediately
- Confirm whether any late lodgement provisions apply (extremely limited; usually not)
- If no ART is possible, prepare to depart before Day 35, and apply for BVE if you need more time
- Apply for BVE while in Australia if you cannot depart before Day 35
If you are past Day 35 and have not departed or appealed:
- You are an unlawful non-citizen
- Call a migration agent or immigration lawyer immediately
- Unlawful status can be regularised in some cases with a BVE, but every day increases your risk and future consequences
Take The Next Step, Your Deadline Is Counting
The 21-day ART window is the most valuable asset you have right now. Don’t let it expire unused.
Option 1: 60-Minute Full Strategy Session ($200 – 350 AUD)
- For complex cases or clients who want comprehensive guidance.
- Full analysis of refusal letter and original application
- Strategic decision: ART vs. offshore vs. reapplication with Schedule 3
- Evidence gap identification and rebuild plan
- Written post-consultation action plan
- 2-week follow-up check-in
- Book Here →
Option 2: Full ART Appeal Management ($2,500–$9,500+ AUD)
- For clients who want end-to-end representation through the ART process.
- ART lodgement within your 21-day deadline
- Evidence strategy and document compilation
- Written submissions drafting
- ART hearing preparation (you and your partner)
- Complete Tribunal process management
- Book Here →
100% Money-Back Guarantee: If you book a consultation and don’t find it valuable, we’ll refund you. No questions asked.
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FAQ: Onshore Partner Visa Refusal
My 820 was refused. Can I still stay in Australia?
Yes, for now. Your BVA remains valid for 35 days. If you lodge an ART appeal within 21 days, your BVA extends for the duration of the review (months to years). If you don't appeal, you must depart before Day 35 or obtain a BVE.
I have 35 days on my BVA. Does that mean I have 35 days to appeal?
No, and this is the most important point in this article. The ART appeal deadline is 21 days, not 35. Your BVA runs for 35 days, but your right to appeal expires on Day 21. Missing Day 21 means losing your appeal rights permanently, even though your BVA technically continues until Day 35.
What does Section 48 mean for me after my 820 refusal?
Section 48 restricts most onshore visa applications after a refusal. However, partner visas are an exception, so you can generally still lodge a new 820 onshore under Section 48. But if you do so while on a Bridging Visa (not a substantive visa), you'll need to satisfy Schedule 3's compelling reasons test. Get specialist advice before attempting a new lodgement.
Can I lodge a new 820 application if my previous 820 was refused?
Possibly, but there are important caveats. If your previous refusal was for a 820, regulations may complicate lodging another 820 onshore. This depends on your specific circumstances and visa history. Do not attempt this without agent assessment; an invalid lodgement wastes time and money.
How much does an ART appeal cost?
The ART lodgement fee is AUD $3,727. This fee is refunded half if the Tribunal sets aside the decision in your favour. Professional representation adds $2,000–$15,000+ depending on complexity. Total cost with representation typically $5,727–$18,727+.
What if I depart Australia before appealing? Do I lose my ART rights?
Yes. If you depart Australia before lodging your ART appeal, your onshore ART review rights are generally lost. If you need to depart, consult a migration agent first about whether offshore review rights apply and what your offshore pathway looks like.
Can I submit new evidence at the ART that wasn't in my original application?
Yes, this is one of the key advantages of ART review over simply reapplying. The Tribunal conducts a merits review and accepts new evidence, updated documents, and additional information. This is why ART appeal often gives a better outcome than re-lodging the same application.
How long will the ART review take?
For partner visa refusals, 50% of cases are finalised within approximately 18 months; 95% within 3 years. Partner visa reviews are among the slower categories. Your BVA extends throughout this period if you lodged the appeal.
What happens if I lose the ART appeal?
If the Tribunal affirms the refusal, your BVA will typically cease within 35 days of the ART decision. Options at that point include: judicial review (limited to legal errors, not merits), ministerial intervention (very limited, discretionary), or departure + offshore application. Get legal advice immediately after an ART affirmation.
My partner visa refusal letter mentions the AAT. Is that the same as the ART?
Yes, only that the AAT changed to ART. The Administrative Appeals Tribunal (AAT) was dissolved in October 2023 and replaced by the Administrative Review Tribunal (ART). If your refusal letter still references the AAT, it may be an older template, but the body you appeal to is now the ART. If you have any confusion about this, confirm with a migration agent before lodging.
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