How to fix this

UCAN calls for a clear, formal, and enforceable exemption for individuals who were forcibly conscripted into the IRGC.

Our requests in simple terms:

Explicit recognition that mandatory conscription does NOT constitute membership

Establishment of a clear operational guidance for immigration officers

Consistent screening criteria that distinguish victims from perpetrators

The legal and administrative actions we call for to solve this problem:

1. Issue Ministerial Guidance under Section 42.1(2) of the IRPA

We urge the Minister to issue formal guidance clarifying that, for the purposes of paragraph 34(1)(f) of the Immigration and Refugee Protection Act (IRPA), a permanent resident or foreign national shall not be deemed a member of a listed organization if:

1. a) The individual can reasonably demonstrate that their affiliation with the IRGC resulted solely from mandatory military conscription;
   b) The affiliation did not extend beyond the compulsory service period; and
   c) During that period, the individual did not commit acts contrary to international human rights law or pose a danger to Canada’s security.

This clarification would provide legal certainty while maintaining appropriate security safeguards.

2. Establish a Specialized Review Unit

We respectfully request that the Minister establish a specialized unit within IRCC and CBSA to handle cases involving security-based inadmissibility of Iranian nationals, including matters under section 34(1)(f) of the IRPA and alleged human or international rights violations.

Such a unit would:

• Provide officers with access to Department of Justice counsel

• Allow consultation with subject-matter experts on Iran

• Ensure informed decision-making that reflects the realities of mandatory conscription

Many decision-makers may not be fully familiar with the structure of Iran’s draft system or the lack of agency exercised by conscripts.

3. Create an Expedited Ministerial Relief Process

We also ask that a clear and expedited process be established for granting ministerial relief under section 42.1(1) of the IRPA for individuals found inadmissible solely due to mandatory conscription into the IRGC.

This process should be administered by the specialized unit to ensure:

• Fair and consistent decisions

• Reduced hardship for affected Iranian-Canadian families

• Timely resolution of cases involving individuals who acted under coercion

This approach preserves the integrity of the IRGC listing while preventing unjust outcomes.