They have called for Braverman to "publicly retract her mischaracterisation of the law"

Over 200 legal experts have signed an open letter criticising home secretary Suella Braverman’s recent comments about LGBTIQA+ refugees. In September, Braverman suggested that the UK should not grant asylum for applicants who fear persecution as a result of being LGBTIQA+ or a woman. She also hinted that LGBTIQA+ claimants were overwhelming the UK’s asylum system.

Braverman made the comments at a meeting of the American Enterprise Institute – a right wing US based think tank. In her speech, Braverman said: “we will not be able to sustain an asylum system if, in effect, simply being gay, or a woman, and fearful of discrimination in your country of origin, is sufficient to qualify for protection”.

Now, a group of over 200 academics and lawyers who have worked with LGBTIQA+ asylum seekers have heavily criticised the remarks. They accuse Braverman of a “mischaracterisation of international refugee law” and of spreading “incorrect understandings” about it.

The signatories to the letter write: “Braverman’s mischaracterisation of the nature of international refugee law, particularly as it relates to claims for asylum founded on either the claimant being LGBTIQA+ or a woman, is laden with inaccuracies.”

They continue by adding: “The Home Secretary’s comments insinuate that people who are members of a sexual minority are not deserving of protection and are potentially overwhelming the asylum system. This is not supported by evidence. According to the Home Office’s own recent statistics, in 2022 there were 1,334 applications for asylum where sexual orientation formed part of the basis of the claim; this is the lowest number of applications for the last eight years of available data (except for 2021).”

In their letter, the signatories have called on the home secretary to “publicly retract her mischaracterisation of the law, reaffirm the UK government’s full support for LGBTIQA+ rights and the globally accepted definition of a refugee in the 1951 Convention.” They have also said that Braverman should provide additional funding and support for legal aid for LGBTIQA+ refugees, and open safe and legal routes from all countries so that LGBTIQA+ refugees can reach safety.

The letter has been signed by some of the UK’s leading legal experts and academics in the field of asylum law and its relation to LGBTIQA+ refugees. Among the signatories are Dr Alex Powell, Senior Lecturer in Law at Oxford Brookes University; Dr Raawiyah Rifath, Lecturer in Law at University of Exeter and Prof Nuno Ferreira Professor of Law at University of Sussex.

The letter and the list of signatories are published in full below.

Open letter from legal experts on Suella Braverman’s comments on LGBTIQA+ refugees

We are academics, activists, and lawyers focusing on law, migration, society, and culture, who have worked with LGBTIQA+ asylum seekers in the UK. The below signatories also include people who have lived experience of the UK asylum system. Therefore, we have an understanding of what LGBTIQA+ refugees go through in the UK and elsewhere. We were profoundly concerned about the misleading statements made by the Home Secretary, Suella Braverman, in Washington DC on Tuesday 26^th September 2023. 

The Home Secretary’s mischaracterisation of international refugee law and of its domestic interpretation in the UK, and her spreading of incorrect understandings thereof invokes a divisive and harmful narrative. For a democracy to function properly, it is essential that the statements of members of the government are founded in legal and social realities. Unfortunately, Suella Braverman’s remarks are grounded in neither and fall far below expected standards. We do not dispute that the UK faces a crisis in its refugee status determination system, but this is not due to – as Braverman suggests – the law shifting away from ‘persecution’ to ‘discrimination’ but for the lack of safe legal routes available to those in need of safe sanctuary. 

Indeed, as noted by the UN High Commissioner for Refugees, there are necessary and appropriate steps such as improving decision-making processes that would enable the UK to tackle its ‘asylum backlog’. However, Braverman’s mischaracterisation of the nature of international refugee law, particularly as it relates to claims for asylum founded on either the claimant being LGBTIQA+ or a woman, is laden with inaccuracies. 

Contrary to the remarks of the Home Secretary, the current understanding of what constitutes being  ‘member of a particular social group’ within the context of Article 1A(2) of the 1951 Convention was established as a matter of UK Law in 1999, though the phrase had existed as part of the 1951 Convention from the outset As such, it is misleading for Braverman to argue that the ability to make asylum claims is in any sense new. Further to this, such claims are clearly anticipated under the 2002 United Nations High Commissioner for Refugees guidance. 

Nobody is granted asylum based on the 1951 Convention simply because they are discriminated against, as the Home Secretary has suggested. Only those with a ‘well-founded fear of being persecuted’ on the basis of a Refugee Convention reason (race, religion, nationality, membership of a particular social group or political opinion) can qualify for refugee protection. To suggest that being discriminated against is enough to qualify for refugee protection is incorrect and misrepresents the enormous difficulties faced by people navigating the asylum process in the UK. This is especially the case since the standard of proof for asylum claims was raised by the Nationality and Borders Act 2022.

The Home Secretary’s comments insinuate that people who are members of a sexual minority are not deserving of protection and are potentially overwhelming the asylum system. This is not supported by evidence. According to the Home Office’s own recent statistics, in 2022 there were 1,334 applications for asylum where sexual orientation formed part of the basis of the claim; this is the lowest number of applications for the last eight years of available data (except for 2021). 

Undoubtedly, the Home Secretary’s comments are a very concerning mischaracterisation of the legal test for persecution. According to the Nationality and Borders Act 2022, to be relevant for the purposes of awarding asylum, persecution must be ’”sufficiently serious by its nature or repetition as to constitute a severe violation of a basic human right” or ”an accumulation of various measures” with the same effect. 

From this, it should be clear that the Home Secretary’s claim that people are qualifying for asylum on the basis of discrimination alone is incorrect as a matter of law. Indeed, the Home Office’s own Asylum Policy Instruction on Sexual Orientation in Asylum Claims identifies that LGBTIQA+ people may be subject to execution, honour killings, torture, medical abuse, inhuman or degrading Treatment, physical or sexual violence, ”curative rape”, beatings and other forms of physical and psychological  abuse, arbitrary detention, intimidation, mob violence, homophobic bullying, forced prostitution, and limitations on freedom of movement.

As should be apparent, this list goes far beyond mere ‘discrimination’. In light of the above concerns, we strongly urge the government to take a number of actionable steps to protect the lives and rights of LGBTIQA+ refugees and asylum seekers: 

Firstly, we call on the Home Secretary, Suella Braverman, to publicly retract her mischaracterisation of the law, reaffirm the UK government’s full support for LGBTIQA+ rights and the globally accepted definition of a refugee in the 1951 Convention. 

Secondly, we urge the government to begin to take serious steps to address the real, systemic issues that undermine the UK asylum system, such as the serious lack of access to legal aid advice, the legal incoherence brought about by the piecemeal implementation of the Illegal Migration Act 2023, the lack of safe legal (from a domestic law perspective) routes to claiming asylum in the UK, and the growing backlog of UK asylum claims. This should involve increasing funding and support towards legal aid specifically tailored for LGBTIQA+ asylum seekers. 

Thirdly, we ask the government to streamline asylum procedures by reducing bureaucratic hurdles and delays in the asylum process by establishing a dedicated unit within the Home Office for managing SOGIE (Sexual Orientation, Gender Identity and Expression) claims. This should involve creating a unit staffed with individuals trained in sexual and gender equality, diversity and inclusion as well as in  the specific challenges faced by this population. 

Lastly, safe legal routes for applicants from all (rather than a select few) countries should be opened to make it more accessible for LGBTIQA+ individuals to access the safety and support they need. This could involve expediting family reunification processes and revising visa requirements as well as enabling applications from outside the UK for designated humanitarian visas.

In conclusion, the misinformation propagated by the Home Secretary not only misrepresents the legal framework governing asylum in the UK, but also poses a direct threat to the safety, dignity, and human rights of LGBTIQA+ asylum seekers and refugees. As academics and activists working with this population, we call on the government for immediate corrective action to safeguard the wellbeing of these communities.

1. Dr Alex Powell, Senior Lecturer in Law, Oxford Brookes University 
2. Dr Raawiyah Rifath, Lecturer in Law, University of Exeter 
3. Prof Nuno Ferreira, Professor of Law, University of Sussex 
4. Dr Calogero Giametta, Lecturer in Criminology, University of Leicester
5. Dr Diego Garcia Rodriguez, Leverhulme ECF, University of Nottingham
6. Dr Ben Hudson, Senior Lecturer in Law, University of Exeter
7. Dr Max Morris, Senior Lecturer in Criminology, Oxford Brookes University 
8. Dr Ruvi Ziegler, Associate Professor in International Refugee Law, Reading University 
9. Prof. Richard Mole,Professor of Political Sociology, UCL
10. Dr Emma Marshall, Lecturer in Law, University of Exeter
11. Dr Helena Wray, University of Exeter
12. Aderonke Apata, a Lesbian Refugee, Founder and CEO of African Rainbow Family
13. Professor Nick Mai, Professor of Criminology, University of Leicester 
14. Dr Tamsin Barber, Reader in Sociology, Oxford Brookes University
15. Prof Sally R Munt, Emeritus Professor, University of Sussex 
16. Dr Zoë Jordan, Senior Lecturer, Oxford Brookes University
17. Prof Sonia Morano-Foadi, Oxford Brookes University
18. Barry O’Leary, Partner at Wesley Gryk Solicitors & Director of Micro Rainbow
19. Dr Moira Dustin, Lecturer in Law, University of Sussex
20. Dr Hari Reed, Policy & Advocacy Coordinator, Asylum Welcome
21. Katherine Soroya on behalf of Turpin Miller Solicitors 
22. Niamh Rowan, Founder and Chair of Rainbow Refugees NI
23. Sebastian Rocca, Founder and CEO of Micro Rainbow
24. Siân Pearce, PhD student Exeter University
25. Dr. Daniela Nadj Senior Lecturer in Law St. Marys’ University
26. Dr. Yvonne Su, Assistant Professor, York University
27. Dr Vicky Kapogianni, Lecturer in EU and International Law, University of Reading
28. Connor Kerr & Rebecca Bellamy, Founders Another World Belfast CIC
29. Anupama Ranawana, University of St Andrews
30. Dr Mengia Tschalär, Co-Founder of the Queer European Asylum Network
    End Deportations Belfast 
31. Dr. Benjamin Carpenter, Visiting Fellow, University of East Anglia
32. Tyler Valiquette, UCL
33. Dr Sandra Duffy, Lecturer in Law, University of Bristol
34. Dr James Greenwood-Reeves, Lecturer in Law, University of Leeds
35. Dr Elaine Swan, Reader, University of Sussex
36. Manoher Singh, Lecturer in Life Sciences, Birmingham City University
37. Patricia Guernelli Palazzo Tsai, CSRP University of St Andrews and Methodist University of Sao Paulo / Instituto Pramana
38. Daniel Sohege, Director of Stand For All
39. Dr Noemi Magugliani, Lecturer in Law, University of Kent
40. Devleena Ghosh, Professor, University of Technology Sydney
41. Hannah Banfield Volunteer and advisor for Taunton Welcomes Refugees
42. Devleena Ghosh, Professor, University of Technology Sydney
43. Dr Jessica Guth
44. Sophie Nelson, Policy Officer HERe NI
45. Louise Coyle, Director NI Rural Women’s Network 
46. SDLP LGBT+
47. Liz Griffith, Head of Research & Policy, Migration Justice Project
48. Robin Peeler, Trustee of Taunton Welcomes Refugees
49. Romit Bhandari, senior lecturer in law, university of East London
50. Chloë Trew, Director, Participation and the Practice of Rights (PPR)
51. Davide Tomaselli, PhD researcher, European University Institute
52. Ali Tawakoli ,Afghan LGBTIQ Activist and head of Rainbow Afghanistan organization
53. Sabine Jansen, legal researcher LGBTI asylum, COC Netherlands
54. Dr Sarah Scuzzarello, Senior Lecturer in Migration, University of Sussex
55. Ryan Figueiredo, Founder and Executive Director, Equal Asia foundation (Stichting EqualA Foundation) 
56. Dr Ahalya Bala, Lecturer in Criminology, Oxford Brookes University 
57. Dr Alice Finden, Durham University
58. Paul Clark, barrister, Garden Court Chambers
59. Dr Carmelo Danisi, Senior Researcher, University of Bologna, and Visiting Fellow, University of Sussex
60. Konrad Pawlaszek, Creating Cohesive Community, LORAG
61. Dr Kay Lalor, Reader in Human Rights Law, Manchester Metropolitan University 
62. Stephen Williamson, Director of Cara-Friend, Fellow of the Royal Society for Arts, Manufacture & Commerce
63. Sarah Kay, human rights lawyer, Black Protest Legal
64. Sonia Lenegan, Solicitor
65. Paul Clark, barrister, Garden Court Chambers
66. Ollie Persey, Barrister, Garden Court Chambers
67. Danielle Wilson, Lead Pastor, Inclusive Gathering Birmingham (Birmingham Methodist District)
68. Tahlia-Rose Virdee, PhD Student/ Associate Lecturer, University of Reading 
69. Cara Gibney and Ryan Doherty, Co-Managers, Starling Collective
70. Reverend Jide Macaulay, Founder & CEO House of Rainbow
71. Aine Bennett, PhD researcher, Royal Holloway, University of London
72. Judith Atwell, PhD researcher, Queen’s University Belfast 
73. Jason Thomas-Fournillier Founder & Senior Administrator of Spectrum Rainbow Community Group
74. Adam Hansen, Branch Chair, Northumbria UCU
75. Ross Wignall, Oxford Brookes University
76. Pat Nimmo URC minister
77. August Gawen
78. Cllr Jamie Tennant (Birmingham City Council)
79. Rev Dr Inderjit Bhogal, Founder, City of Sanctuary
80. Dr Rachel Keighley, Research Associate, University of Leicester
81. Nemat Sadat, Chief Executive Officer, Roshaniya 
82. Qadamshah Rezaye, Executive Director, Behesht Collective 
83. Jess O’Thomson, Trans Legal Researcher and Journalist
84. Christopher Lloyd, Associate Professor, University of Hertfordshire
85. Dr Catherine Gander
86. Dr Jess Hambly, Co-Director Law Reform and Social Justice ANU Law
87. Dr Kat Langley, Senior Lecturer in Law, University of Sunderland
88. Becca Jiggens, PhD student University of Leeds.
89. Dr Jasmine Hazel Shadrack, Adjunct Professor in Music, Weston University, Canada
90. Rob McDowall AMRSPH MIHSCM, Chair, Welfare Scotland
91. Morag Fulton, Human Rights Lead and Board Member, Welfare Scotland. Signed on behalf of the Board
92. Patrick C. Notchtree, LGBT author and speaker, UK
93. Assoc Prof Baris Cayli Messina
94. Dr Senthorun Raj, Reader in Human Rights Law, Manchester Metropolitan University
95. Brian Gorlick, Refugee Law Initiative, University of London
96. Louise Cooper
97. Isabel Soloaga, Research Associate, University of Sussex School of Law 
98. Katie Taylor PhD in fine art researcher, Oxford Brookes 
99. Dr B Camminga, Institute for Cultural Inquiry, Berlin
100. Mili Kalia, Oxford City Resident . 
101. Christos Papachristopoulos, Lecturer in Law, Oxford Brookes University
102. Professor Gargi Bhattacharyya, University of the Arts
103. Dr Gillian Shorter, Queen’s University Belfast
104. Tim Osborn. Advocate & Activist for LGBTQ Asylum Seekers & Refugees
105. Reggie Dovener, Online Political Activist
106. Luke Dowding, CEO, OneBodyOneFaith
107. Rev Dr Inderjit Bhogal
108. Dr Esteban Devis-Amaya, Senior Lecturer, Oxford Brookes University 
109. Simon Forrester, Trustee, Taunton Welcomes Refugees
110. Pip McKnight, University of Birmingham
111. Anbid Zaman, Human Rights Defender and Member, SOGICA Advisory Board
112. Geoffrey Hughes, Senior Lecturer, University of Exeter
113. Dr Stephanie Mitchell, Director, Together CIC
114. Alexandra Brennan, Coordinator, Northern Ireland Women’s Budget Group
115. Dr Simon Adderley, Senior Lecturer, Oxford Brookes University
116. Dr Stuart Whigham, Senior Lecturer, Oxford Brookes University
117. Dr Verity McCullagh, Senior Lecturer in Law, University of Lincoln
118. Dr Christine Bicknell, Senior Lecturer in Law, University of Exeter
119. Josie Huntley
120. Larne House Visitors Group 
121. Thelma Ndaula – Director of Operations, Say It Loud Club
122. Dr Katie Hunt, Lecturer in Law, University of Lincoln
123. Aloysius Ssali – Founder & CEO – Say It Loud Club
124. Alex Vessis – CEO – Devon and Cornwall Refugee Support
125. Rebecca Kogan, Fresh Claims Project Coordinator, Nottingham Arimathea Trust
126. Cllr Patrick Lilley (Westminster City Council)
127. Dr Achas Burin, Lecturer in Law, Oxford Brookes University
128. Dr Timothy Malone, University of Exeter Medical School
129. Esther Checketts Trustee of Taunton Welcomes Refugees
130. Dr Alice Storey, Senior Lecturer in Law Birmingham City University
131. Charley Hasted – Chair, LGBT+ Liberal Democrats
132. Dr Sue Conlan, TACTIC Immigration and Asylum CIC
133. Marc Johnson, Senior Lecturer in Law, Cardiff Metropolitan University
134. Dr Nina Held, Lecturer in Social Policy, University of Salford 
135. Dr Michał Adam Palacz, Post-Doctoral Research Assistant, Oxford Brookes University
136. Wayne Farah Co-coordinator NHS confederation Black and Minority Ethnic Leadership Network
137. Professor Guido Noto La Diega, University of Stirling
138. Nneoma Ogbonna
139. Sharon Cowan, Professor of Feminist and Queer Legal Studies, University of Edinburgh
140. Dania Thomas, Director Ubuntu Women Shelter. 
141. Christelle letchidjio, Ubuntu women Shelter casework support
142. Professor Jenny Phillimore, University of Birmingham
143. Georgina Lewis, PhD Student, University of Exeter
144. Barbara Forbes, co-ordinator Birmingham Schools of Sanctuary
145. Dr Anthony Wilson, elder Lichfield Quaker Meeting
146. Don Flynn Status Now 4 All Network
147. Sheila Mosley – member of Quaker Asylum and Refugee Network: QARN
148. Tony Conway Coventry Against Racism
149. Zeynab Peyghambarzadeh, PhD student, University of HuddersfieldRosemary Fox, Volunteer, Wolverhampton City of Sanctuary
150. Rev’d Dr Mike Fox, Wolverhampton Local Quaker Meeting / City of Sanctuary
151. Denise Cann QARN
152. Dr. Andrew Livingstone, Senior Lecturer in Social Psychology, University of Exeter
153. Nando Sigona, University of Birmingham
154. Nicola Grove
155. Dr Grainne McMahon, Sociology, University of Huddersfield
156. Dr Jess Mott
157. Dr Liam Thornton, Associate Professor, School of Law, University College Dublin, Ireland
158. Dr Rachel Rosen, Associate Professor, University College London
159. Dr Esin Küçük, Univeristy of Essex
160. Professor Molly Andrews, University College London
161. Emeritus Professor Keith Barnham, Imperial College London
162. Professor Jill Marshall, Professor of Law, Royal Holloway, University of London, Solicitor of the Supreme Court of England and Wales admitted 1992
163. Dr Anthony Cullen, Associate Professor, Middlesex University, London
164. Caroline Beatty, for Stroud District Together With Refugees
     Danielle Roberts, Reclaim the Agenda
165. Ian Parker Dodd volunteer with GARAS
166. Catherine Margham Volunteer with Harrogate District of Sanctuary and steering group member of QARN ( Quaker Asylum and Refugee Network )
167. Susannah Kipling, volunteer with Safe Passage
168. Rosemary Fox, Volunteer, Wolverhampton City of Sanctuary
169. Rev’d Dr Mike Fox, Wolverhampton Local Quaker Meeting / City of Sanctuary
170. Denise Cann QARN
171. Dr. Andrew Livingstone, Senior Lecturer in Social Psychology, University of Exeter
172. Dr Anthony Cullen, Associate Professor, Middlesex University, London
173. David Robbins – Independent Scholar
174. Dr Elena Gualco, Senior Lecturer, School of Law, Arden University
175. Dr Ben Gidley, Reader in Sociology and Psychosocial Studies, Birkbeck University of London
176. Social Scientists Against the Hostile Environment
177. Nathalie Jaifar, Chair, Bristol City of Sanctuary 
178. Dr Nicolette Busuttil Lecturer in Law, SOAS University of London 
179. peter warm Quaker Clerk, Plymouth
180. Keith Berry, Volunteer Charity Worker
181. Prof Erminia Colucci, Middlesex University London 
182. Jane Bowater 
183. Prof. Floya Anthias, Emeritus Professor, University of Roehampton, London
184. Prof. Elena Isayev, University of Exeter
185. Gill Kelly- Chair of Wolverhampton City of Sany
186. Professor Eddie Bruce-Jones, SOAS, University of London
187. George Reiss, trustee at Wolverhampton City of Sanctuary
188. Mary Solomon Founder Humans of Wolverhampton
189. Dr Faye Bird, Lecturer in Law, University of Exeter
190. John Marnell, doctoral candidate, African Centre for Migration and Society, University of the Witwatersrand
191. Shari Brown, Partnerships Manager, Refugee and Migrant Centre (West Midlands)
192. Charlotte Rubin – Seraphus
193. Dr.Bernadette Rainey, Senior Lecturer in Law, Cardiff University and Chair, Asylum Justice, Cardiff 
194. Deacon Linda Gilson, Methodist City Centre Ministry, Wolverhampton City of Sanctuary
195. Dr Silvia Borelli, Principal Lecturer in Law, University of Bedfordshire
196. Dr Roderick Galam, Senior Lecturer, Oxford Brookes University
     
     Ozlam Mahshar, LGBT+ Afghan activist and Advocacy Director at Roshaniya
197. Amanda Bevan, volunteer Wolverhampton City of Sanctuary 
198. Dr Ruth Brittle, Lecturer, University of Leicester 
199. Eithne Nightingale, Child Migrant Stories
200. Dr Rebecca Walker, Research Consultant,, The African Centre for  Migration & Society,  University of the Witwatersrand
201. Deb Roberts/Essex Debs Independent Participatory Artist, International Teaching Artist MA Candidate Humanitarian Action and Peacebuilding OxfordBrookes/UNITAR
202. Pinar Aksu, University of Glasgow 
203. Val Carroll
204. Michelle Chatham – Stroud Against Racism. 
205. Emma Calcutt (Stroud Against Racism)
206. I Mary Ward. Retired but politically aware 
207. Dr Zoe Tongue, Lecturer in Law, University of Leeds
208. Geoff Taylor, Coalition to Keep Campsfield Closed campaigner
209. Dr. Jules Bradshaw, Senior Lecturer, Liverpool John Moores University 
210. Ewan Roberts CEO Asylum Link Merseyside
211. Richard Strangward 
212. Dr Surabhi Shukla, Lecturer in Law, University of Sheffield
213. Dr Arwen Joyce, Lecturer in Law, University of Leicester
214. Dr Francesca Romana Ammaturo, Senior Lecturer in Sociology and International Relations, London Metropolitan University, UK
215. Sarah hughes chair sanctuary breaks
216. Ann Nichols Educator and Human Rights Activist 
217. Shani Wills Stroud Against Racism
218. Mel Bradley, Foyle Pride Festival
219. Dr Eleanor Bland, Senior Lecturer in Criminology, Oxford Brookes University
220. Dr. WANNETTE VAN EG DOM- TUINSTRA OPEN UNIVERSITY, ARDEN UNIVERSITY
221. Dr Lucie Fremlova
222. Dr Rachel Lewis, Warwick University
223. Emma Jones, Coalition to Keep Campsfield Closed
224. Dr. Kate West, Senior Lecturer in Criminology, Oxford Brookes University
225. Kate Abbott
226. Bridie Sharkey Trustee Asylum Link Merseyside
227. Dr S Chelvan, Head of Immigration and Public Law, 33 Bedford Row Chambers and Adjunct Professor, Southampton Law School
228. Dr. Nicole Hoellerer, University of Bristol
229. Denise Bradley, LLM, Manager Marginalisation, Corrymeela Community
230. Sarah Atkins, Senior Lecturer, University of Portsmouth
231. Harriet Smailes, PhD Student and Researcher, University of Leicester
232. Manuela Barreto, Professor of Psychology, University of Exeter
233. Elisabeth Schöyen, PhD Researcher at European University Institute (EUI) Florence 
234. Casey Alves, Solicitor and PhD Student, Oxford Brookes University
235. Martha Hamilton, Youth Service Support Worker, Asylum Welcome Oxfordshire
236. Kieran Lee Marshall, Lecturer (Assistant Professor), School of Law, University of Reading.

Chris Jarvis is head of strategy and development at Left Foot Forward

Image credit: UK Home Office – Creative Commons

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