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Unsuccessful applications

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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burtsbee
- thin ice -
Posts: 39
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Unsuccessful Naturalisation (AN) applications

Post by burtsbee » Mon Nov 21, 2011 4:15 pm

Does anybody know or heard of someone that had actually been unsuccessful in their citizenship application?

osteophytes
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Posts: 218
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Re: Unsuccessful applications

Post by osteophytes » Tue Nov 22, 2011 3:00 pm

burtsbee wrote:Does anybody know or heard of someone that had actually been unsuccessful in their citizenship application?
See figure 7 here

http://migrationobservatory.ox.ac.uk/br ... and-trends

salmanakram
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Re: Unsuccessful applications

Post by salmanakram » Thu Nov 24, 2011 12:13 pm

burtsbee wrote:Does anybody know or heard of someone that had actually been unsuccessful in their citizenship application?

This is one thing that this BOARD lacks completely. No one writes about if some one failed and the reason behind that. I know its pretty horrifying for people to come and write about their experience on failed applications but I know there are some who have the guts to share their experience. I strongly think there should be a STICKY POST for this. Administrators/Moderators please take note.......This aspect could really help alot in putting people off their miseries.....thx

burtsbee
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Post by burtsbee » Fri Nov 25, 2011 10:27 am

Thank you, my thoughts exactly. This would help a lot of us I think.

Linda8
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Location: UK

Post by Linda8 » Tue Dec 13, 2011 7:59 pm

We apply under discretion of the Secretary of State and my application was refused.I was outside the UK in excess of the permitted maximum 896 days.

prince12
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Post by prince12 » Tue Jan 17, 2012 8:43 am

Linda8 wrote:We apply under discretion of the Secretary of State and my application was refused.I was outside the UK in excess of the permitted maximum 896 days.
Hi Linda8,

I am sorry to hear your appl. was refused due to excess absence, but i will appreciate you throw more light on ur circumstance as yours is the first and only i have seen on this board regarding refusal due to absence. i will like to know what was your total absence during the five year and was it work or personal. What evidence did you provide to show ties if any.... i ask beause i am in the same position and dont know if i shld risk it or just wait it out for another year or so. i appreciate you feed back

prince

vinny
Moderator
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Post by vinny » Sat Jan 21, 2012 11:22 am

burtsbee wrote:Does anybody know or heard of someone that had actually been unsuccessful in their citizenship application?
Some case laws relating to nationality:

Home Office to issue woman with British passport after 18 year battle > Nmai, R (on the application of) v The Secretary of State for the Home Department [2020] EWHC 1139 (Admin) (12 May 2020)
Special court denies British citizenship to relatives of Bashar Al-Assad > LA_MA_RA_SAA_ (Natualisation : Substantive) [2018] UKSIAC 1_SN_63_2015 (24 October 2018)
K (A Child) v The Secretary of State for the Home Department [2018] EWHC 1834 (Admin) (18 July 2018) (50(9A))
Briefing: What are the barriers to British citizenship for EU nationals? > Inga Lockton (Old ILR) > Inga Lockington finally gets UK passport – and Home Office apology
Din, R (On the Application of) v Secretary of State for the Home Department [2018] EWHC 1046 (Admin) (04 May 2018) (identity, DNA)
DC, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 399 (Admin) (02 March 2018) (child registration good character refusal)
Landmark Supreme Court decision overrules historic gender discrimination in British citizenship > The Advocate General for Scotland (Appellant) v Romein (Respondent) (Scotland) (topic)
Law corrected on british citizenship and identity fraud > R (Hysaj & Ors) v Secretary of State for the Home Department [2017] UKSC 82 (21 December 2017)
MK (A Child By Her Litigation Friend CAE), R (On the Application Of) v The Secretary of State for the Home Department [2017] EWHC 1365 (Admin) (14 June 2017) (stateless, Indian child)
Williams, R (on the application of) v The Secretary of State for the Home Department [2017] EWCA Civ 98 (28 February 2017) (failure to pay fees)
NA v Secretary Of State For The Home Department (Rev 1) [2016] UKSIAC SN_56_2015_2 (15 December 2016) (Good character)
AFA v Secretary of State for the Home Department [2016] UKSIAC SN_56_2015 (24 November 2016) (Good character)
Johnson, R (on the application of) v Secretary of State for the Home Department [2016] UKSC 56 (19 October 2016) (Court find Character Test to Pre 1st July 2006 Kids unlawful)
MNY v Secretary Of State For The Home Department [2016] UKSIAC SN_53_2015 (30 September 2016) (Good character)
Citizenship deprivation appeals must include consideration of likelihood of removal > AB (British citizenship: deprivation; Deliallisi considered) Nigeria [2016] UKUT 451 (IAC) (28 September 2016)
Anwar (AP0) v The Secretary of State for the Home Department [2016] ScotCS CSOH_91 (05 July 2016) (Good character, overstay, legitimate expectation)
Refusal of citizenship to wife and children of Islamist extremist declared unlawful > MM & GY & TY v Secretary of State for the Home Department [2015] EWHC 3513 (Admin) (03 December 2015)
Hysa & Ors, R.( On the Application of) v Secretary of State for the Home Department [2015] EWCA Civ 1195 (26 November 2015) (fraud, false identity)
Past deception to obtain Indefinite Leave to Remain may lead to status being revoked > Huang & Ors, R (on the application of) v Secretary of State for the Home Department ("No Time Limit" Transfer: Fraud) (IJR) [2015] UKUT 662 (IAC) (23 November 2015)
Approach of Home Office to nationality case “astonishing and grotesque” rules High Court > Bondada, R (on the application of) v Secretary of State for the Home Department [2015] EWHC 2661 (Admin) (15 October 2015):
Approach of Home Office to nationality case “astonishing and grotesque” rules High Court wrote:The judgment emphasises that DNA evidence need not necessarily be from one of the DNA test centres preferred by the Home Office and that there is no prescribed, mandatory evidence for proving nationality.
Refusal of a child’s British citizenship application on character grounds overturned > SA, R (on the application of) v Secretary of State for the Home Department [2015] EWHC 1611 (Admin) (08 June 2015)
Oladeji (s.3(1) BNA 1981) [2015] UKUT 326 (IAC) (21 May 2015)
Williams, R (on the application of) v The Secretary of State for the Home Department [2015] EWHC 1268 (Admin) (11 May 2015) (child application fees)
Rahman, R (on the application of) v Secretary of State for the Home Department [2015] EWHC 1146 (Admin) (28 April 2015) (DNA)
Supreme Court Backs Government Rejection of Statelessness Claim > Pham v Secretary of State for the Home Department [2015] UKSC 19 (25 March 2015) (depriving and stateless)
Refusal and revocation of British citizenship for dishonest conduct > Rushiti & Anor, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 3931 (Admin) (28 November 2014)
Lakaj, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 4273 (Admin) (25 November 2014) (Legitimate Expectation 64)
Mahmood, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 4023 (Admin) (13 November 2014) (DNA)
Begum v Secretary of State for the Home Department [2014] EWHC 2968 (Admin) (12 September 2014) (DNA)
L1 v Secretary Of State For The Home Department [2014] UKSIAC SC_100_2010 (04 August 2014)
SN_FM_2 & SN_AM_1 [2014] UKSIAC SN_2_2014 (18 July 2014) (DIRECTIONS REGARDING ISSUES OF DISCRIMINATION UNDER CERTAIN LEGISLATION)
Hilal_Al-Jedda (Deprivation of citizenship : Preliminary Issue) [2014] UKSIAC SC_66_2008 (18 July 2014)
Johnson, R (on the application of) v The Secretary of State for the Home Department [2014] EWHC 2386 (Admin) (17 July 2014) (50(9))
Discretionary registration of children as British > FI, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2287 (Admin) (11 July 2014)
Kaziu & Ors v Secretary of State for the Home Department [2014] EWHC 832 (Admin) (26 March 2014) (country of birth deception - nullity)
Good character and applications for citizenship > Hiri v Secretary of State for the Home Department [2014] EWHC 254 (Admin)
AHK & Ors, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 151 (21 February 2014)
Vagh, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1253 (23 October 2013) (Indian)
Al-Jedda, “statelessness” and the meaning of words > Secretary of State for the Home Department v Al -Jedda [2013] UKSC 62 (9 October 2013)
Deliallisi (British citizen: deprivation appeal: Scope) Albania [2013] UKUT 439 (IAC) > Deliallisi (British citizen: deprivation appeal: Scope) Albania [2013] UKUT 439 (IAC) (30 August 2013) (46 status of ILR)
L1 v Secretary of State for the Home Department [2013] EWCA Civ 906 (29 July 2013)
Ozoemene & Ors v Secretary of State for the Home Department (Identity and Passport Service) [2013] EWHC 2167 (Admin) (22 July 2013) (previous passport 12)
AHK & Ors v Secretary of State for the Home Department [2013] EWHC 1426 (Admin) (07 June 2013)
Home Secretary Succeeds in Terror Suspect Citizenship Deprivation Appeal > B2 v Secretary of State for the Home Department [2013] EWCA Civ 616 (24 May 2013) ("de jure" and "de facto" stateless)
Sinha, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 711 (Admin) (05 March 2013)
Amirifard, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 279 (Admin) (19 February 2013)
S1, T1, U1 & V1 (Refusal of entry - Dismissed) [2012] UKSIAC 106/2011_2 (21 December 2012)
G1 v Secretary of State for the Home Department [2012] EWCA Civ 867 (04 July 2012) (in-country appeal rights)
AHK & Ors v Secretary of State for the Home Department [2012] EWHC 1117 (Admin) (02 May 2012)
Al -Jedda v Secretary of State for the Home Department [2012] EWCA Civ 358 (29 March 2012)
Secretary of State for the Home Department v SK (Sri Lanka) [2012] EWCA Civ 16 (19 January 2012)
S1, T1, U1 & V1 v Secretary of State for the Home Department (Refusal of entry - Preliminary Issue) [2011] UKSIAC 106/2011 (27 October 2011)
Thamby, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 1763 (Admin) (08 July 2011)
AL-JEDDA v. THE UNITED KINGDOM - 27021/08 [2011] ECHR 1092 (7 July 2011)
Hilal Al-Jedda v Secretary of State for the Home Department (Deprivation of citizenship - Substantive - Dismissed) [2010] UKSIAC 66/2008 (26 November 2010)
Hamza v Secretary of State for the Home Department [2010] UKSIAC 23/2005 (05 November 2010 )
Al-Jedda v Secretary of State for the Home Department [2010] EWCA Civ 212 (12 March 2010)
Burnett (Beatrice Alstrid), Re Judicial Review [2010] NICA 2 (19 January 2010) (British passport)
Al Jedda v Secretary of State for the Home Department [2009] UKSIAC 66/2008 (07 April 2009)
Secretary of State for the Home Department v AHK & Ors [2009] EWCA Civ 287 (02 April 2009)
Ramalingum, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 453 (Admin) (13 March 2009) (section 3(1))
Al Jedda v Secretary of State for the Home Department [2008] UKSIAC 66/08 (22 October 2008)
ZZ v Secretary of State for the Home Department [2008] UKSIAC 63/2007 (30 July 2008)
Al Jedda v Secretary of State for the Home Department [2008] UKSIAC 66/2008 (23 May 2008)
Secretary of State for the Home Department v Hicks [2006] EWCA Civ 400 (12 April 2006)
Hicks, R (on the application of) v Secretary of State for the Home Department [2005] EWHC 2818 (Admin) (13 December 2005)
Harrison v Secretary of State for the Home Department [2005] EWHC 706 (Ch) (22 April 2005)
Secretary Of State For Home Department v Ullah [2001] EWCA Civ 659 (10 May 2001) (cannot convert/upgrade from by descent to otherwise than by descent)
Al -Fayed, (R. on the Application of) v Secretary of State for the Home Department (No. 2) [2000] EWCA Civ 523 (26 July 2000)
Ginwalla, R (on the application of) v Secretary Of State For Foreign & Commonwealth Office [1998] EWHC Admin 1067 (13th November, 1998)
Fayed, R (on the application of) v Secretary Of State For Home Department [1996] EWCA Civ 946 (13th November, 1996)
Last edited by vinny on Wed Dec 04, 2013 3:46 am, edited 23 times in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Linda8
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Location: UK

Post by Linda8 » Sun Mar 25, 2012 10:51 pm

prince12 wrote:
Linda8 wrote:We apply under discretion of the Secretary of State and my application was refused.I was outside the UK in excess of the permitted maximum 896 days.
Hi Linda8,

I am sorry to hear your appl. was refused due to excess absence, but i will appreciate you throw more light on ur circumstance as yours is the first and only i have seen on this board regarding refusal due to absence. i will like to know what was your total absence during the five year and was it work or personal. What evidence did you provide to show ties if any.... i ask beause i am in the same position and dont know if i shld risk it or just wait it out for another year or so. i appreciate you feed back

prince
Hi.
I was outside the Uk in 2007-2008.Our circumstance was that i was pregnant and the doctors advised do not travel. So we came back when my twins got 1year.All my absences was 896 days.So discretion don't work every time.I have to wait another 3years to apply.
But i read in this forum 3 month ago that someone had 810 days and his application was successful.
Good luck to everyone.

John
Moderator
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Location: Birmingham, England

Post by John » Mon Mar 26, 2012 6:49 am

This is one thing that this BOARD lacks completely. No one writes about if some one failed and the reason behind that.
Surely the point is this. This Board prevents people wasting money on applications that have little or no chance of succeeding. Accordingly I think it is great that there is almost a total lack of postings about failure of a Citizenship application.

But also I do not think we get, or should get, lots of postings from people who on reading this board delay their application, after reading this board. For example, on their facts, date invented, if it is clear that for them an application shortly after 15.06.12 will succeed, and an application earlier than that will definitely fail, this board has done its job making the person realise that a bit of patience is required, in order to succeed.

Result .... they do not need to post an application failed message. Great.
John

BrookGreen2012
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Posts: 4
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Naturalisation refusal: applying before 12 months from ILR

Post by BrookGreen2012 » Wed Apr 04, 2012 5:38 pm

A few weeks ago, I received a letter from UKBA informing me of their refusal of my naturalisation application. It states:

"I refer to your application for naturalisation as a British citizen under section 6(1) of the British Nationality Act 1981.
An applicant under this provision is expected to meet certain residential requirements which are explained in paragraph 3 of the information leaflet BN7, which can be found on our website.
As you were subject to a time limit on your stay in the United Kingdom until 10th May 2011, you do not meet the requirement at a paragraph 3(d) of the leaflet. Whilst the Secretary of State has discretion to waive this requirement she is not prepared to do so in this particular case. Your application has therefore been refused.
If you still wish to become a British citizen a fresh application will be required. It is open to you to re-apply at any time, but you may wish to note that an application made before 10th May 2012 is unlikely to be successful.
Arrangements are being made to return the sum of £80.00 which is refunded in the case of unsuccessful applications where an applicant is not required to attend a citizenship ceremony.
"


I paid £836 for my application. If and when I receive the £80 above back, this means I have lost £756.

The UKBA website refers to a minimum residential requirement for British citizenship applicants. This is a period of 12 months from the date the ILR has been approved. I applied in January 2012, because I was informed by a friend that there was a loophole in the system. Like my friend, I was granted ILR on the basis of "long stay", having lived in the UK legally for 10 years. According to my friend, a solicitor friend of hers advised her to apply for British citizenship as soon as she was granted ILR, because the minimum residential requirement of 12 months would not apply to applicants who have ILR based on 10-year long stay.

My friend applied immediately after receiving her ILR in the summer of 2011 and was granted British citizenship. Based on her experience, I followed her advice. Unfortunately, I was refused.

I now have two options:
1. Wait until 10 May 2012 and submit a fresh application. This means paying another application fee on top of the original fee. From 6 April 2012, the new fee is increased to £851. In total, I would end up paying £1687 for both applications.
2. Request the UKBA to reconsider a decision to refuse and pay £80 to UKBA (non-refundable) for this request. One of the points listed on the letter from the UKBA as grounds for the request is:
"Do you believe that the decision was reached on irrelevant statutory requirements or policy criteria? If so, say which requirements or policy criteria should have been applied. Do this with reference to the guide that accompanied the application form or the policy and law section of the UKBA website, including the precedent based scenarios."

I would be grateful if anyone could share their experiences of requesting the UKBA to reconsider a decision to refuse. I believe that my friend's case is a precedent, but how would I go about arguing this point? I am considering seeking advice for a solicitor, but I am unsure of whether this would cost as much as (or more than) paying for a fresh application.

Thank you to anyone who's willing to share and help.

John
Moderator
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Wed Apr 04, 2012 6:47 pm

My friend applied immediately after receiving her ILR in the summer of 2011 and was granted British citizenship. Based on her experience, I followed her advice. Unfortunately, I was refused.
How long did your friend have to wait for her ILR ..... from date of ILR application to grant of ILR?

And for you, same question .... how long?
John

cherryplum
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Post by cherryplum » Wed Apr 04, 2012 8:21 pm

Also did your friend get ILR due to marriage to a BC - because there is a loop hole there for a married partner applying

BrookGreen2012
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Unsuccessful BC application: reply to John

Post by BrookGreen2012 » Thu Apr 05, 2012 1:07 pm

Thank you for your questions, John.
How long did your friend have to wait for her ILR ..... from date of ILR application to grant of ILR?

And for you, same question .... how long?
I have asked my friend how long she had to wait for ILR and am waiting for her reply.

In my case, the ILR application was received by UKBA on 1 April 2011 and granted on 10 May 2011.

BrookGreen2012
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Unsuccessful BC application: reply to CherryPlum

Post by BrookGreen2012 » Thu Apr 05, 2012 1:16 pm

Thank you for your question, CherryPlum.
Also did your friend get ILR due to marriage to a BC - because there is a loop hole there for a married partner applying
My friend did not get her ILR due to marriage - simply on the basis of 10-year long stay. This was also the case for my ILR application and my subsequent BC application.

I learnt about the marriage loophole yesterday. It is very frustrating, because in November 2011, my partner (who is a British citizen) and I held a wedding ceremony in my home country. The ceremony was symbolic but not legally binding. We deliberately decided not to get registered in November and not until after I applied for BC. The reason for this was because I wanted to apply based on my own merit, not due to marriage. At the time, I thought it would complicate my application given that I was eligible to apply based on my long-stay ILR status.

What is even more frustrating is that my husband and I got registered in Manchester on 31 March 2012 (after my application had been refused on 12 March 2012). We had planned this back in January - when I had naively assumed that I would be granted BC on my own merit without any problems and before I became aware of the marriage loophole.

Greenie
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Post by Greenie » Thu Apr 05, 2012 3:16 pm

it's not whether your friend got her ILR through marriage, but rather, whether she was married to a British citizen at time of her application for citizenship? Also - it's not a loophole - but a separate provision in the legislation

without knowing all of your friends circumstances, it is impossible to say why she was granted BC before completing one year's ILR, however I would say that you would be wasting your money paying a solicitor to challenge the decision, which was correct according to the requirements. As you are now married to a British citizen you can apply for citizenship without having to wait until you have had ILR for a year.

vinny
Moderator
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Post by vinny » Thu Apr 05, 2012 11:36 pm

BrookGreen2012 wrote:According to my friend, a solicitor friend of hers advised her to apply for British citizenship as soon as she was granted ILR, because the minimum residential requirement of 12 months would not apply to applicants who have ILR based on 10-year long stay.
There is no such provision.

Discretion to disregard immigration time restrictions in the final 12 months is subject to 7.5

However, if you're the spouse or civil partner of a British citizen, then there is no requirement to wait 12 months after ILR under section 6(2).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

DEVONIAN
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Post by DEVONIAN » Fri Apr 06, 2012 11:08 pm

Your friend – in all probabilities – was, at the time of making her/his application for British Citizenship, married to, or in civil partnership with, a British Citizen. Hence, s/he didn’t have to wait for the 12 months period before getting her/his British Citizenship application approved. Knowing you were married to a British Citizen, but ostensibly unconscious of the fact that the marriage wasn’t formally documented/registered, s/he advised you not to wait for the 12 months period. Without any legal documentations to that effect, you’re in the eyes of the law, not married to a British Citizen, and therefore need to wait for 12 months before becoming eligible to apply for your own British Citizenship. If you intend, as you’ve clearly stated, to obtain your British Citizenship purely on your own MERIT, the 12 months wait is a MUST. Otherwise, you’ll need to re-apply, indicating that you’re married to, or in civil partnership with, a British Citizen. Make sure the relevant marriage documentations are enclosed. Good luck!

BrookGreen2012
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Unsuccessful BC application: thank you for all your replies

Post by BrookGreen2012 » Fri Apr 13, 2012 10:52 am

Thank you to everyone who has posted a reply to my question. I have decided to wait until the end of the 12-month period, which is next month, to resubmit my application and pay the required fee once again. I really hope that I will be successful this time. The bureaucracy is complex and frustrating. This board has helped to clarify matters for me. Thank you.

John
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Location: Birmingham, England

Post by John » Fri Apr 13, 2012 12:23 pm

BrookGreen2012, in my opinion that is very sensible, but do ensure that you were physically in the UK exactly 5 years before UKBA will receive the Naturalisation application.
John

niteshj
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Post by niteshj » Thu Apr 11, 2013 10:56 pm


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