Federal Court: Involuntary Service Not a Shield for War Crimes Complicity
- Citation
- 2025 FC 1922
- Decided
- Court file
- IMM-17657-24
- Full judgment
- Read the decision
Case Law Overview
The Minister of Citizenship and Immigration v. Mehdi Afshar, 2025 FC 1922
A former Iranian Air Force specialist sought refugee protection but was initially excluded for complicity in war crimes. The Refugee Appeal Division (RAD) overturned this, finding his service was involuntary. The Minister of Immigration sought judicial review of the RAD's decision.
Court Ruling
The Federal Court granted the Minister's application for judicial review, finding the RAD's decision unreasonable. The Court ruled the RAD failed to properly analyze why the claimant's decades-long service, including 15 years after the war, was involuntary, especially when his primary reason for staying was to protect his pension.
Key Quote from the Court
However, the RAD failed to explain which of the RPD's factual conclusions it disagreed with and which evidence it found convincing. The RAD failed to apply any legal test applicable to coercion or duress and failed to apply a contextual assessment of the evidence as a whole, in determining whether the Respondent's contribution to the IRIAF throughout his entire career (or part thereof) was voluntary or not, and ultimately whether he was complicit in the crimes committed by the IRIAF and the Iranian military. (at para 35)
Expert Takeaways
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Voluntariness Requires a Full Contextual Analysis Decision-makers cannot isolate one period of service. A claim of involuntary contribution must be assessed across the entire duration of employment, including periods after a conflict where the risk of harm for leaving may be significantly lower.
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Financial Incentives Weaken Claims of Duress Choosing to remain in a military organization known for human rights violations primarily to secure pension and benefits, rather than due to a genuine fear of serious harm, heavily undermines the argument that one's contribution was involuntary.
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The RAD Must Justify Overturning Factual Findings When the Refugee Appeal Division (RAD) overturns a decision from the Refugee Protection Division (RPD), it must provide clear, intelligible reasons and engage directly with the RPD's factual findings. A failure to do so can render its own decision unreasonable.
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Distinguishing Service During vs. After Conflict The consequences for desertion during a war are often different from leaving the military afterward. This distinction is critical in complicity assessments, as continued service in peacetime may be viewed as a voluntary choice.
There is a deadline on this
That is the window to file an Application for Leave and for Judicial Review at the Federal Court, counted from the day you were notified of the decision. An extension can be requested, but it is granted at the Court's discretion - it is not automatic.
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Disclaimer
The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. For advice specific to your situation, please schedule a consultation with a qualified legal professional.
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Questions people ask after reading a case like this
Does this mean my own case will succeed?
No. Every application is decided on its own record. A reported decision shows how the Federal Court has reasoned about a particular kind of error - it does not predict the result of a different file. What it can tell you is whether the problem in your refusal is the kind of problem the Court has been willing to intervene on.
How long do I have to challenge a refusal?
Under the Immigration and Refugee Protection Act you generally have 15 days to file an Application for Leave and for Judicial Review if the decision was made inside Canada, and 60 days if it was made outside Canada, counted from when you were notified. The Court can extend that period, but an extension is discretionary - it is not automatic.
What actually happens at the Federal Court?
Judicial review has two stages. You file the application and a written record, and a judge decides on paper whether to grant leave - permission for the case to proceed. If leave is granted, there is a hearing. The Court does not re-decide your immigration application; it decides whether the officer's decision was reasonable and procedurally fair. If you succeed, the file is normally sent back to be decided again by a different officer.
Do I have to be in Canada to bring an application?
No. Applicants outside Canada regularly bring judicial review applications, which is why the longer 60-day deadline exists for decisions made abroad. Applicants are not normally required to attend in person.
What happens in the free 15-minute review?
You explain what was refused or delayed and when you were notified. We tell you whether your filing window is still open, which issues in the decision look arguable, and what the realistic options are - including reapplying instead of litigating, where that is the better route. There is no obligation to retain us afterwards.
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Written by
Ali Dadkhah
Ali Dadkhah is a litigator whose practice is dedicated to challenging government decisions at the Federal Court of Canada. He specializes in judicial review, providing a crucial avenue for recourse for individuals and businesses who have faced unfair or unreasonable administrative outcomes. Bilingual legal support in English and Persian (Farsi)