Refugee Status and Legal Framework in Iran

Abstract

The present study aims to examine the status and legal regulations governing refugees in Iran. Since their arrival, Iraqi and Afghan refugees have not enjoyed a clearly defined legal status recognized under international norms. This reality has necessitated a detailed investigation into their situation within Iran. Utilizing a library-based research method and analysis of official documents, this paper examines refugee-related provisions within the Iranian Constitution, asylum procedures in Iran, the impact of asylum approval on family members of the applicant, the practical approach of the Islamic Republic of Iran towards asylum seekers, and an overview of the specific circumstances of Afghan and Iraqi refugees in Iran. The findings indicate a disparity in the treatment of Iraqi and Afghan refugees. Iraqis, having more economic freedom, often consider Iran as a second home and show strong emotional attachment to it. In contrast, Afghan refugees face economic restrictions and social limitations. Misconduct by Afghan nationals is often amplified in the media, while similar issues concerning Iraqis tend to be concealed. Furthermore, Iraqis in Iran have access to mosques and professional, commercial, and economic organizations—resources that are largely unavailable to Afghan refugees.