An analysis of precedent law on judicial competence to review administrative decisions regarding Iranian nationality documents

Haghani, Saeed

doi:10.22106/jlj.2023.557097.4905

An analysis of precedent law on judicial competence to review administrative decisions regarding Iranian nationality documents

Document Type : Research/Original/Regular Article

Author

Saeed haghani

Assistant Professor, Department of Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

10.22106/jlj.2023.557097.4905

Abstract

Abstract:

Personal Status registration Code endows ‘Provincial Security Council’ to decide on the Iranian nationality of those whose nationality is under question. The general assembly of the Iranian Supreme Court, in its binding judgments no 658 and 748, made an end to uncertainties regarding judicial review of Provincial Security Councils’ decisions on Iranian nationality. The General assembly finds that the applicant might subject such administrative decisions to judicial review. Nonetheless, there is room to enquire about the competent judicial body to proceed with such judicial review. In the final analysis, I believe that a distinction should be made between cases of requests for Iranian ID and cases in which an already existing Iranian ID is subjected to the annulment process (i.e. suspected holders of Iranian nationality documents). While the Court of Administrative Justice would more appropriately handle the first category, civil courts of the first instance are the competent court to deal with the second category

Keywords

Provincial Security Council

Applicant without Iranian ID

Suspected holders of Iranian ID

Judicial review of nationality

Subjects