Perceptions of Access to Justice Among Undocumented Migrants: A Qualitative Case Study

Abstract

This study aimed to explore how undocumented migrants residing in Tehran perceive their access to justice, including the barriers they face, the informal mechanisms they rely on, and their underlying aspirations for legal recognition and dignity. This qualitative case study involved in-depth, semi-structured interviews with 18 undocumented migrants from various national backgrounds residing in Tehran. Participants were selected through purposive sampling to ensure diversity in age, gender, and country of origin. Data collection continued until theoretical saturation was reached. Interviews were conducted in Persian or with interpreter support, transcribed verbatim, and analyzed thematically using NVivo software. The analysis followed Braun and Clarke’s six-phase approach, allowing for the identification of patterns, subthemes, and emotional narratives embedded in participant experiences. Four main themes emerged from the analysis: (1) legal invisibility and marginalization, (2) navigating informal systems, (3) experiences with legal institutions, and (4) aspirations and rights consciousness. Participants reported exclusion from legal protections, fear of deportation, limited knowledge of rights, and mistrust of formal institutions. In the absence of legal pathways, many relied on community-based mediation, NGOs, and social networks. Despite these barriers, participants expressed strong desires for legal recognition and dignity, and several demonstrated emerging rights consciousness and engagement with advocacy efforts. Undocumented migrants in Tehran encounter systemic barriers to justice that extend beyond legal status, encompassing emotional, social, and institutional exclusion. While informal support systems provide partial remedies, they cannot replace the need for inclusive, rights-based legal frameworks. Addressing these barriers requires reforms in legal accessibility, anti-discrimination practices, and broader recognition of undocumented individuals as rights-holders within the justice system.