Legal Analysis: IRPA s.34 and Conscription Narratives
By Mehdi Nafisi, Immigration Consultant, Vancouver, Canada.
Why this matters
The Federal Court decision in Vadiati v. Canada (Citizenship and Immigration), 2025 FC 1859 is being tossed around on Persian social media as if it rewrites the rules for Iranian conscripts. Some say it blocks everyone, others say it protects everyone. Both are nonsense. The case did not create new rules for any group, and it did not create automatic outcomes for conscripts.
What actually happened
IRCC refused the applicant’s PR application under IRPA s.34(1)(f), based on alleged membership or contribution to the IRGC (Sepah). Conscription was discussed because the applicant raised it, but the legal ground itself was membership, not conscription alone.
The Federal Court upheld the refusal. The applicant lost, and inadmissibility stood, meaning there is no universal precedent that declares or protects all conscripts.
Duress standard clarified
Duress in Canada is a general, very high legal standard, pulled from R v. Ryan, and used in security inadmissibility cases when the facts justify it. It is not an Iran-specific test, and it is not about mandatory service as a defence by default. Officers assess if the evidence shows credible duress in that person’s situation. So yes, people can raise it, but assuming that “military service under pressure equals safety in Canada” is a dangerous half-truth trending online, not a legal conclusion.
No H&C fix for s.34
The Court confirmed that H&C (IRPA s.25(1)) cannot cure s.34 security inadmissibility. That part is important for anyone thinking H&C is a workaround for terrorism-related allegations. It’s not.
What this decision does NOT do
It does not:
Establish automatic inadmissibility for all Iranian conscripts,
Establish automatic relief if someone claims pressure or penalties,
Or create a rule covering nationality or military branch by default.
Every s.34 analysis in Canada is individual, fact-specific, and evidence-driven.
Practical guidance
Be honest about your military history on all forms. Misrepresentation hurts more than the original issue.
Understand that IRGC "membership" allegations are high-risk, but not a label for all conscripts.
Do not base your strategy on influencers. If you want advice, speak to someone who reads the decisions, not just the noise online.
Reviewed and summarized by Mehdi Nafisi, Immigration Consultant (RCIC-IRB), Immigreen Consulting, Vancouver, Canada.
