On July 18, 2017, pursuant to paragraph 159(1)(h) of the Immigration and Refugee Protection Act and the Policy on the Use of Jurisprudential Guides (Policy 2003-01, as amended on December 1, 2016), and following consultation with the Deputy Chairpersons of the Refugee Protection Division and the Refugee Appeal Division (RAD), the Immigration and Refugee Board's Chairperson identified the following decision of the RAD as a jurisprudential guide:
Decision TB6-11632, Favreau, November 30, 2016 (China Jurisprudential Guide).
Scope: Analysis of whether a person wanted by the authorities can exit China via an airport using a genuine passport.
This China Jurisprudential Guide analyses Chinese exit control procedures and the ability for those being sought by the authorities to exit China via an airport using a genuine passport.
The China Jurisprudential Guide is being revoked as it contains a finding of fact which is not supported by the China National Documentation Package (NDP) in effect at the time of the decision. In particular, paragraph 22 of Decision TB6-11632 cites Response to Information Request (RIR) CHN105049.E in support of its finding that facial recognition technology is used to take photos of passengers departing from Beijing Airport. However, that document states that although such technology was previously used for passengers at the Beijing Airport, it was no longer in use at that airport at the time of publication of the RIR.
Additionally, there have been a number of updates to the China NDP since the time of designation of the jurisprudential guide which has diminished the value of the jurisprudential guide going forward.
The IRB is committed to ensuring that jurisprudential guides are regularly reviewed to reflect the most current information available and address any issues identified regarding their continued application.
Given the above identified issues with respect to the China Jurisprudential Guide, as of June 28, 2019, the identification of Decision TB6-11632 is revoked.
Immigration and Refugee Board of Canada