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Judicial review dismissed; RAD reasonably excluded applicant under Article 1E based on Brazil residency.
The applicant sought judicial review of a Refugee Appeal Division (RAD) decision finding him excluded from refugee protection under Article 1E of the Convention.
The RAD concluded that the applicant had permanent resident status in Brazil at the time of the Refugee Protection Division (RPD) hearing, based on his immigration forms indicating he left Brazil in August 2016 rather than his testimony that he left in March 2016.
The Federal Court held that the RAD's decision was reasonable, as the applicant failed to rebut the prima facie presumption of permanent residence.
The application for judicial review was dismissed.
