Evaluation and Ranking of the Legal Implications of Migration Using the Delphi and Kano Techniques (A Case Study of Iranian Nationals in Selected Countries: Sweden, France, Germany, Canada, the United States, and Australia)

Abstract

Today, in the context of globalization, one of the key issues that can be raised and that influences countries significantly is migration, as it represents a global phenomenon intertwined with various dimensions of the modern world. Migration not only affects both immigrant-receiving and emigrant-sending countries but also constitutes a topic increasingly discussed within the framework of globalization, becoming a shared concern among nations. States, as the principal subjects of international law, are bound by international rules and regulations. However, they remain highly sensitive to matters that fall within their domestic jurisdictions or that may affect their sovereignty. Migration is an issue that encompasses both domestic and international dimensions. It cannot be regarded solely as a national concern outside the scope of international legal frameworks. In fact, various international rules and regulations—particularly those established under human rights law—govern matters related to migration and migrants. Meanwhile, states, for different reasons (including security and economic considerations), have developed their own migration regulations and consider the admission and control of migrants as part of their sovereign and jurisdictional rights. The present study employed both field and library-based research methods. Its instruments included the preparation of practical questionnaires administered to Iranian migrants living abroad; interviews with Iranian migration applicants; examination of judicial cases involving Iranians residing overseas; review of court cases related to foreign migrants and aliens within Iran; and conducting interviews with judges, professors, lawyers, and legal experts. Additionally, note-taking from prior studies conducted in academic and research centers related to the topic was performed using a sampling approach. Given that the current study focuses on identifying and ranking the legal implications of migration—using Iranian nationals residing in the selected countries of Sweden, France, Germany, Canada, the United States, and Australia as the case study—the research can be categorized, based on its objectives, as both a field and a library-based investigation. The analysis of results indicates that the most significant priorities identified in ranking the criminal, civil, financial, and migration laws affecting Iranian nationals in the studied countries (Sweden, France, Germany, Canada, the United States, and Australia), based on the qualitative Delphi method, include: (1) the degree of familiarity with the migration policy framework of the destination country; (2) the degree of familiarity with the visa and residency regulations of the destination country; and (3) the degree of familiarity with the administrative misconduct laws and procedures of the destination country.