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Judicial review dismissed; Haitian citizen with permanent residence in Brazil excluded from refugee protection.
The applicant, a citizen of Haiti who held permanent resident status in Brazil, applied for judicial review of a decision by the Refugee Appeal Division (RAD) confirming that he was excluded from refugee protection under Article 1E of the Refugee Convention.
The applicant argued that systemic discrimination in Brazil meant he did not enjoy substantially the same rights as Brazilian nationals and that his permanent residence could be revoked.
The Federal Court found the RAD's decision reasonable, concluding that the applicant possessed substantially similar rights as nationals and that general discrimination or isolated incidents did not amount to persecution.
The Court declined to consider the revocability argument as it had not been raised before the administrative decision-makers.
