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A growing number of Iranian asylum seekers are facing rejection of their refugee and residency applications in Canada, primarily due to prior military service. Legal experts claim that many of these individuals, who were compelled to join the Islamic Revolutionary Guard Corps (IRGC) through conscription, are being unfairly penalised. As protests emerge in Montreal, advocates are calling for a reassessment of how these cases are handled.
Conscription and Its Consequences
Lorne Waldman, a prominent immigration lawyer, highlights the plight of many Iranian men who arrive in Canada seeking safety, only to be told they are inadmissible because of their forced military involvement. “They came to Canada seeking protection,” Waldman explained. “And to be told, ‘No, we don’t want you because you were forced to join the organisation,’ it’s devastating.”
At a recent demonstration in Montreal, an anonymous woman expressed her anguish over the situation. She noted that military service is mandatory for men in Iran—a requirement that can dictate their ability to obtain employment, travel documents, and even basic rights. “In Iran, if you want to work, if you want to obtain a passport and minimum rights, you have to [serve],” she articulated, shedding light on the dire choices faced by many.
Failure to comply with conscription laws in Iran can lead to severe penalties, including imprisonment. The conditions within Iranian prisons are notoriously harsh, often involving torture. “I cry every day,” the woman confessed. “I have anger. I’m very devastated.”
Divergent Views Among Legal Experts
While Waldman condemns the current treatment of these asylum seekers, not all legal experts agree on the best course of action. In 2024, the Canadian government designated the IRGC as a terrorist entity, complicating the landscape for those who served under its banner. James Devine, an associate professor at Mount Alliston University in New Brunswick, underscores the challenge of distinguishing between supporters of the regime and those who were coerced into service. “You have to be able to go back through the person’s background and look for a pattern of activity in terms of what groups they were associated with,” he stated.
The stance taken by Immigration, Refugees and Citizenship Canada (IRCC) reflects these complexities. In a statement, the IRCC confirmed that membership in the IRGC results in inadmissibility but noted that individuals conscripted into the military are evaluated on a case-by-case basis. “Conscription alone does not necessarily result in inadmissibility,” the statement explained, assuring that all applicants are given the chance to provide supporting documentation.
Despite this assurance, Waldman argues that the government’s approach often fails to adequately assess applicants’ backgrounds. He claims, “I have not seen a single case where IRCC or CBSA has found that someone who is conscripted into the Iranian Revolutionary Guard is not inadmissible.” This lack of positive outcomes has left many individuals at risk of application denial.
Continued Advocacy in Montreal
Iranians in Montreal remain resolute in their efforts to advocate for those facing deportation orders. The Canadian Border Services Agency has reported that as of July 6, 48 individuals have been deemed inadmissible due to their affiliation with the IRGC. Community leaders are urging the government to reconsider these decisions, highlighting the dire circumstances that many conscripts face if forced to return to Iran.
In the face of adversity, these advocates are determined to raise awareness and demand justice for their fellow Iranians seeking refuge. The emotional toll of this situation cannot be overstated, as many individuals are left in limbo, fearing for their lives while navigating a complex immigration system.
Why it Matters
The implications of these legal decisions extend far beyond the individual cases; they reflect Canada’s broader commitment to human rights and its role as a sanctuary for those fleeing oppressive regimes. As the international community continues to grapple with the fallout of the Iranian regime’s actions, Canada’s policies towards Iranian asylum seekers will be scrutinised. The situation calls for a nuanced and compassionate approach that recognises the intricacies of forced military service, ensuring that those fleeing tyranny are not further victimised in their quest for safety.
