Legal Status of Afghan Nationals in the Iranian Legal System (Residence and Employment) and the Criminal Liability of Officials Violating Their Rights

Abstract

The extensive presence of Afghan nationals in the Islamic Republic of Iran, particularly in the areas of residence and employment, has consistently been accompanied by legal and administrative challenges. This study was conducted with the aim of examining the legal status of Afghan nationals within Iran’s legal system and assessing the criminal liability of public officials in cases where the legal rights of these individuals are violated. The research adopts a descriptive-analytical approach and is based on library sources, Iranian domestic laws, international legal instruments, and legal doctrines. The findings indicate that although Iranian laws provide a relatively clear framework governing the residence, employment, and certain rights of foreign nationals, various challenges remain at the implementation stage. Legal restrictions, fragmented regulations, weak administrative oversight, and the absence of effective enforcement mechanisms have contributed to the violation of some rights of Afghan nationals. Furthermore, in cases where government officials act contrary to domestic laws or fundamental human rights principles, the possibility of establishing their criminal and administrative liability can be examined in light of applicable laws and general legal principles. The study concludes that reforming immigration laws, establishing a unified migration management system, and strengthening mechanisms for oversight and accountability of public officials are among the most important measures for enhancing the legal protection of Afghan nationals in Iran.