Question Period Note: IRAN

IRCC’s response to human rights violations in Iran and public policy

• Canada remains deeply concerned by the ongoing systematic and gross human rights violations and continued actions to destabilize peace and security by Iran.

• In light of this, the Government of Canada implemented measures that make it easier for Iranian temporary residents to extend their temporary status in Canada, and find a job during their time here.

• These measures, which came into effect March 1, 2023, help ensure the continued safety of the Iranian population already in Canada, keep Iranian families together, and give them a safe place to live and work.

If pressed
• An open work permit pathway was also created for Iranians already in Canada, which will allow them to find a job during their time here. Under these new measures, eligible applications are processed on a priority basis.

• Passport and permanent resident travel document fees will be waived for Canadian citizens and Canadian permanent residents in Iran who wish to leave.

• We continue to facilitate family reunification and welcome Iranian applicants to Canada through our programs and special measures, including our policies for the victims of flight PS752 and human rights defenders. As of July 31, 2023, 154 persons have been approved for permanent residence through the public policy for family members of the victims of flight PS752.

• As a result of the Minister of Public Safety’s designation of Iran as a regime that engages or has engaged in terrorism and gross or systematic human rights violations, Iranian senior officials are considered inadmissible to Canada.
• Applications for visas from senior officials determined to be inadmissible to Canada would be refused, current and former senior officials currently within Canada may be investigated and removed from the country if determined to be inadmissible.
• In addition, as a result of the recently passed bill S-8, individuals sanctioned under the Special Economic Measures Act on grounds of gross or systematic human rights violations are inadmissible to Canada.
• Together, the latest sanctions, regime designation and the Government of Canada’s existing security screening and admissibility provisions allow us to protect the safety and security of Canadians and hold the Iranian regime to account.

• On August 28, 2023, the Minister of Immigration, Refugees and Citizenship Canada denied a former Iranian senior government official temporary residency in Canada for the maximum of 36 months allowed under Section 22.1 of IRPA.

On November 14, 2022, the Minister of Public Safety announced the designation of Iran as a regime that engages in gross or systematic human rights violations and terrorism under the IRPA. Public Safety Canada and the Canada Border Services Agency are leading on a comprehensive communications package giving more details on the measures.

The regime’s designation renders senior officials of the Islamic Republic of Iran inadmissible. This includes heads of state, members of the Cabinet, ambassadors, senior diplomats, members of the judiciary, senior military and intelligence officials, and senior public servants. In addition, Canada has imposed a range of sanctions under the Special Economic Measures Act on Iran. Iranian nationals sanctioned on grounds of gross human rights violations are inadmissible to Canada.

On June 22, 2023, Bill S-8 received royal assent. This legislation ensures that individuals sanctioned under the Special Economic Measures Act for grave breaches of international peace and security are inadmissible to Canada, strengthening IRCC’s ability to prevent entry to Iranian individuals subject to sanctions.

Sanctions have been imposed on Iran under the Special Economic Measures (Iran) Regulations in response to gross human rights violations that had been committed in Iran (including its systematic persecution of women and, in particular, the egregious actions committed by Iran’s so-called Morality Police, which led to the death of Mahsa Amini while under their custody).

As of November 27, 2023, amendments have been made to the Special Economic Measures (Iran) Regulations to include a total of 194 individuals and 248 entities, including senior Iranian officials and prominent entities that directly implement repressive measures, violate human rights, and spread the Iranian regime’s propaganda and misinformation.

Under section 22.1(1) of IRPA, the Minister of Citizenship and Immigration Canada, on his or her own initiative, may declare that a foreign national (not a permanent resident or citizen) may not become a temporary resident. On August 28, 2023, the Minister denied a former Iranian senior government official temporary residency in Canada for the maximum of 36 months allowed under Section 22.1 of IRPA.

On December 19, 2022, an exemption to the one-year bar on Pre-Removal Risk Assessment (PRRA) came into effect following a change in country conditions. This allows individuals from Iran who received a negative decision from the Immigration and Refugee Board of Canada (regarding a refugee claim), from Immigration, Refugees and Citizenship Canada (regarding a PRRA decision), or from the Federal Court of Canada (regarding a refugee claim or a pre-removal risk assessment decision) between December 20, 2021 and December 19, 2022 to apply for a PRRA prior to being removed from the country by Canada Border Services Agency. Should their PRRA application be accepted, in most cases, they will become protected persons in Canada.

Special measures

The new measures support Iranian temporary residents already in Canada by waiving certain processing fees to extend their status and by creating an open work permit pathway for them.

The following clients in Canada may be eligible:
• Foreign nationals who are nationals of Iran in Canada with valid temporary resident status; and who have applied for an extension of their authorization to remain in Canada as a temporary resident.
• The client who meets the above eligibility and applies for:
• a work permit or extension; or
• a study permit or extension.

In addition, passport and permanent resident travel document fees will be waived for Canadian citizens and Canadian permanent residents in Iran who wish to leave.

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