A Canadian federal judge has upheld an immigration officer’s decision to deny permanent residency to an Iranian asylum seeker because of his mandatory military service in the Islamic Revolutionary Guard Corps (IRGC).
In a decision issued on Monday, Justice Anne Turley dismissed Mohammadreza Vadiati’s application for judicial review, finding that Immigration, Refugees and Citizenship Canada (IRCC) had acted fairly and reasonably when it ruled him inadmissible under section 34(1)(f) of the Immigration and Refugee Protection Act (IRPA), which bars members of terrorist organizations.
Vadiati, who served two years as a conscript in the IRGC before seeking asylum in Canada, argued that his service was involuntary and that immigration officials failed to account for coercion or the impact on his family.
The court rejected those claims, saying he was given a full opportunity to respond to officials’ concerns.
“The applicant has failed to establish any procedural unfairness in the decision-making process,” Justice Turley wrote, concluding that conscription in the IRGC “does not negate membership in the group” under the immigration law.
Ottawa formally listed the IRGC as a terrorist entity under the Criminal Code in June 2024.
Under Canada’s anti-terrorism laws, membership in or support for a listed terrorist entity can result in inadmissibility, asset freezes, and criminal penalties.
The listing of the IRGC – which Canada blames for human rights abuses and the 2020 downing of flight PS752 – has broad implications for thousands of Iranian nationals who performed compulsory service.
Canadian politicians, including MP Kevin Vuong and Public Safety Minister Dominic LeBlanc, have said the listing aims to curb Tehran’s influence in Canada and prevent IRGC-linked individuals from operating on Canadian soil.
The court also confirmed that humanitarian or family reunification arguments cannot override terrorism-related inadmissibility findings under the IRPA.
