Канада рассматривает обязательную службу в иранских ополченцах как основание для отказа в иммиграции

Reza Gharehchahi says he would be the first to call out the Islamic Revolutionary Guard Corps as a terrorist group. Since coming to Canada on a study permit in 2022, the Iranian has signed petitions and joined political rallies to condemn the IRGC-backed regime in Tehran, speaking out for the voiceless back home, including two close friends he says were killed in government crackdowns. Earlier in August, with a pending permanent residence application in process, the Montreal resident suddenly found himself accused of being a member of the IRGC, which Canada has designated a terrorist entity under the Criminal Code since June 2024. On a single day, a large number of Iranian immigration applicants were notified by the Immigration Department that they may be inadmissible because they previously were conscripted to serve the organization. The Unheard Conscripts Advocacy Network believes the number to be several hundred. Some migrants here under in-Canada crisis response measures face losing their temporary resident status. “Conscription is mandatory in Iran and we cannot flee from that,” said Gharehchahi, 35, who has a background in engineering and was assigned to IRGC’s dam-construction projects in 2014 and 2015, after his undergrad studies in Iran. “We all get punished if we don’t do our conscription over there.” Since Ottawa’s listing of the Islamic Revolutionary Guard Corps, immigration officials have begun flagging individual Iranian applicants for inadmissibility over alleged ties to the force. But the recent mass notifications — based on possible IRGC membership as a result of service in the force — have shocked the community. People worry the approach is capturing innocent conscripts who have never participated in terrorism. Is Canada targeting the right people? The Liberal government’s response to IRGC has been prompted by the group’s downing of Ukraine International Airlines Flight PS752 in 2020, alleged involvement with other designated terrorist groups and brutal repression of Iranian people. The federal government has also been criticized for admitting IRGC officials in Canada. With concerns over the regime’s harassment and intimidation of the diaspora in Canada, the Conservatives have urged stronger enforcement to ensure non-citizens are deemed inadmissible if “involved in regime-linked businesses, spreading propaganda, or human rights abuses.” The opposition also wants inadmissibility be extended to immediate non-citizen family members of regime officials. “The government of Canada has wanted to show the Iranian community in Canada and the rest of the world that it takes the issue of the human rights violations in Iran seriously,” said Toronto lawyer Lorne Waldman, who has had more than 30 consultations with anxious applicants in Canada flagged for potential inadmissibility since Aug. 7. “We know there are regime supporters who are in Canada and we should be going after those people. Unfortunately, (border and immigration officials) are targeting the wrong people. They’re targeting the people who oppose the regime ... and they’re creating a lot of hardship for people who came to Canada seeking refuge.” The Canada Border Services Agency says 48 people have been reported inadmissible based on membership in the group as of July 6. Nine have left Canada, while the rest await the determination of their admissibility by the Immigration and Refugee Board. The CBSA has also launched 180 investigations and identified 37 people in Canada believed to be senior regime officials. The Liberal government has been aware of the impact on conscripts of the IRGC designation, but said its approach would be “careful and measured.” “If an individual was conscripted at one point in time and no longer serves with the IRGC, that would affect the analysis,” said then justice minister Arif Virani in 2024, as cited by Radio-Canada, just before the terrorist group designation that year. In a recent response to the Unheard Conscripts Advocacy Network, the border agency made it clear any person “whose membership in the IRGC can be established” is inadmissible, “regardless of their seniority or their rank.” “Although a person’s conscripted service is among the factors used to determine whether a person is inadmissible as a member of an organization, it would not be the only factor that is weighed and considered as part of that process,” CBSA told the group. However, that’s little comfort to the 1,500 members of the network, given a Federal Court ruling last November against an IRGC conscript, said Toronto immigration consultant Yalda Ghani, who is of Iranian descent. In that case, a conscript soldier granted asylum in 2019 was deemed inadmissible in his permanent residence application. The judge ruled in part that she was satisfied with the officer’s determination that the “applicant’s admission of membership” was “sufficient to meet the membership requirement” within the meaning of the law. “Nobody wants IRGC members in Canada,” said Ghani, who has fielded about 300 calls from concerned Iranian conscripts so far. “If we want to look at it like that, everybody can be a threat to Canada.” IRGC ‘conscription is not membership’ Reza Rajaei came to Canada on a work permit in 2022, and the tech worker was invited to apply for permanent residence under B.C.‘s provincial immigration program in 2024. Rajaei, along with his wife and daughter, is among those who received the notification from CBSA this month for his mandatory service to IRGC. The Burnaby man said the broad-brush definition of IRGC membership would essentially make most Iranians inadmissible because all males over 18 are subject to mandatory conscription with few exceptions and deferrals. One has to complete the service in order to get jobs and loans, buy cars and houses, be eligible for passports and open a business. “I didn’t have any option,” said Rajaei, 42, who says he served in the military in 2007 and 2008 in human resources doing data entry, filing and helping people with forms. “I’m not a religious guy. I’m not a political guy.” Both Rajaei and Gharehchahi said it’s unfair that honest applicants like them who declare their conscription service in their applications are getting punished while committed IRGC members who don’t reveal their ties could get a pass. “We were never a member of that organization,” said Gharehchahi. “Conscription is not membership.” Immigration says no blanket approach on conscripts The Immigration Department said it has not adopted “a blanket approach” to IRGC conscripts, saying this is just part of the normal application of the immigration law and does not mean that everyone who served in the IRGC is automatically inadmissible. “We recognize that some individuals may have served because of conscription,” it said in an email. “Each case is assessed on its individual facts and circumstances, and compulsory service alone does not necessarily result in inadmissibility.” Thousands of the so-called procedural fairness letters are sent regularly and they are not final decisions or findings of inadmissibility, it said. The letter, it added, gives applicants a chance to respond to concerns by providing information and documentation about their military service. The Unheard Conscripts Advocacy Network urged the department to publish clear guidance to officers in assessing inadmissibility involving IRGC mandatory conscripts and create a specialized unit, ensuring that “decisions fully consider the complexities of the Iranian context.” Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy. This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page.