Majlis and Rahbord

Majlis and Rahbord

A comparative study of institutional and legal mechanisms for organizing foreign nationals (aliens) with emphasis on the bill on the structure, duties, and powers of the National Immigration Organization

Document Type : Research Paper

Authors
1 International law Group, Faculty of Law and Political Science, Kharazmi University, Tehran. Iran
2 Department of public law, Faculty of law and political science, university of Mazandaran, Bablisar, Iran
10.22034/mr.2025.18180.6096
Abstract
nternational migration particularly in the context of regional conflicts, state failure, and climate change has emerged as a structural challenge for many states in the twenty-first century. The Islamic Republic of Iran, especially following the wars in Afghanistan and Iraq, has faced large-scale inflows of foreign nationals over the past four decades. Despite hosting several million foreign migrants, Iran’s legal and institutional framework remains fragmented, uncoordinated, and lacks data-driven and transparent mechanisms for governance.In response to this persistent gap, the Iranian government submitted a Draft Law on the “Structure, Functions, and Authorities of the National Migration Organization” to Parliament in 2024. This study adopts a comparative and analytical legal approach to examine the normative and institutional capacity of the proposed bill and juxtaposes it with the migration governance models of three selected countries: Germany, Canada, and Turkey. Findings based on the analysis of legal instruments, official documents, and institutional practices indicate that effective migration governance requires centralized yet accountable institutions, functional separation of regulatory, executive, and judicial bodies, digital data systems, and strict adherence to the principle of human dignity throughout all stages of entry, stay, and removal of foreign nationals.Accordingly, although the proposed Iranian bill constitutes a positive step forward, without fundamental structural reforms, effective oversight mechanisms, and incorporation of comparative best practices, it lacks the institutional capacity to ensure a responsive, efficient, and humane system of migration governance.
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Articles in Press, Accepted Manuscript
Available Online from 08 December 2025