Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy. UAE is a pool of legislation which governs every aspect of citizens' life residing in the country, ensuring peace and harmony.

With the presence of numerous laws, individuals, particularly foreign nationals, must keep up with every law in order to be eligible to stay in the country. However, it may seem strenuous to understand several legal terms and their concept laid down under these laws.

One such term is 'Deportation' which is one of the reasons for ruckus among expatriates. The present article, directly from the practical experience of Criminal Lawyers of Dubai, will discuss the varied reasons for deportation in UAE.

Deportation is an authority granted to the government to order a foreign national to leave the country immediately. An order for deportation can arise in several circumstances, and the most common include the lack of legal right to stay in the country and secondly, upon committing a serious criminal offence in the territory.

The deportation order is mostly considered as a punishment for those who fail to adhere to the laws of the country in which they are residing. In almost all the countries, the order for deportation can only be passed against foreign expatriates, and local citizens are exempted from such punishment. In order to preserve the peaceful and secured status of UAE among other nations, UAE government strive to maintain such status by promulgating strategies which can keep up high security and compliance among citizens.

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Deportation order will be issued against any individual who will try to jeopardize the safety and welfare of citizens in UAE. Legally, there are two categories of deportation practised in UAE which includes legal deportation and administrative deportation. Wherein, the former is through an order of the court and the latter is issued by the Federal Identity and Citizenship Authority.

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Any order for deportation issued by the competent court against any foreign expatriate who is charged with a crime involving custodial punishment. Federal Law Number 3 of regarding UAE Penal Code as amended by Federal Law Number 34 of and further amended by Federal Decree Number 7 ofhereinafter referred to as the Penal Codeprovides for provisions under which any relevant court can pass a judgment entailing a deportation order.

Article of the Penal Code, states that any foreign expatriate accused under felony punishable with custodial punishment or any crime involving sexual assault shall be deported from the country. In addition to this, in any offence of a misdemeanour, the court is empowered to expel the accused from the country, and that expulsion will be treated as an alternative punishment for imprisonment.

Furthermore, pursuant to Article of the Penal Code, any individual who violates the principles of religious creeds and rites can also be charged for deportation, post serving the requisite penalty.According to the Ministerial Decision No.

There two types of deportation, legal and administrative. Legal deportation is issued under a court order against a foreigner who is sentenced for a felony by a custodial punishment. Article of Law No. In other misdemeanors, the court may order that he must be expelled from the country or that the expulsion be as an alternative penalty to the custodial punishment. Administrative deportation is issued by Federal Identity and Citizenship Authority against a foreigner for the sake of public interest, public security or public morals.

Order of deportation issued to a foreigner may include the members of his family, who depend on him for their living. If a foreigner against whom a deportation order has been issued has interests in the country that need to be settled, he shall be granted a grace period after providing a bail.

Federal Authority for Identity and Citizenship shall define the duration of that grace period, which shall not exceed three months. A foreigner who has been deported administratively may not return to the country except with special permission from Ministry of Interior, as per Article 28 of Law No. The application for obtaining the special permit referred to above shall be submitted to the naturalization and residency administration concerned with receiving the applications for entry permits and visas, provided that the application shall contain all information related to the previous residency permits, the reasons for deportation, and circumstances which occurred thereafter.

Justifications for entry may be mentioned in the application, supported with documents and necessary evidence. A foreigner, against whom a legal deportation order is issued, may apply to the public prosecution to cancel the deportation order. The application is sent to a special committee to take a decision on lifting the deportation order. According to the Executive Regulation of Law No.

Entering names in the blacklist or cancelling names therefrom shall be based on a letter issued by the authorities concerned for the following categories:. Individuals banned from entrance Persons who previously committed crimes and ordered by the competent court to deport the country Persons deported under administrative orders of Ministry of Interior according to Article 23 of Law No.

Individuals listed under a competent court decision shall be subject to procedures and rules included in articlesand of the Ministerial Resolution No. Every individual against whom an order is issued by the public prosecutor or its representative, regarding a case being investigated Every individual against whom an order is issued by a competent court, regarding a case being considered Any person liable for paying government funds, in which case, the leaving ban order will be issued by the competent Minister or his authorized representative.

In this case, the ban lifting order has to be issued by Minister of Interior or his authorized representative. Administrative list includes maids and other household staff, who cancelled their residence visas before expiration of their labor contracts.

The administrative list includes names of persons banned from entering the UAE due to cancellation of their residence visas and persons banned from leaving because of escaping from their sponsors.

Maids and other similar individuals, who cancelled their residence visas before expiration of their labour contracts Persons who absconded from their sponsors and were reported to the policepersons against whom an administrative deportation order was issued.

An Overview of Criminal Proceedings in Dubai

Department of Entry and Residence Permits may lift names of the following categories from the administrative list after one year from their leave or deportation from the UAE:. Domestic helpers added to the list because of cancelling their residence before expiration of their employment contracts. The Federal Department of Criminal Police in Ministry of Interior is responsible for preparing, organizing and updating blacklists.UAE is a pool of legislation which governs every aspect of citizens' life residing in the country, ensuring peace and harmony.

With the presence of numerous laws, individuals, particularly foreign nationals, must keep up with every law in order to be eligible to stay in the country. However, it may seem strenuous to understand several legal terms and their concept laid down under these laws. One such term is 'Deportation' which is one of the reasons for ruckus among expatriates.

criminal deportation dubai

The present article, directly from the practical experience of Criminal Lawyers of Dubai, will discuss the varied reasons for deportation in UAE. Deportation is an authority granted to the government to order a foreign national to leave the country immediately. An order for deportation can arise in several circumstances, and the most common include the lack of legal right to stay in the country and secondly, upon committing a serious criminal offence in the territory.

The deportation order is mostly considered as a punishment for those who fail to adhere to the laws of the country in which they are residing. In almost all the countries, the order for deportation can only be passed against foreign expatriates, and local citizens are exempted from such punishment. In order to preserve the peaceful and secured status of UAE among other nations, UAE government strive to maintain such status by promulgating strategies which can keep up high security and compliance among citizens.

Deportation order will be issued against any individual who will try to jeopardize the safety and welfare of citizens in UAE. Categories of Deportation Legally, there are two categories of deportation practised in UAE which includes legal deportation and administrative deportation.

Wherein, the former is through an order of the court and the latter is issued by the Federal Identity and Citizenship Authority. Legal Deportation Any order for deportation issued by the competent court against any foreign expatriate who is charged with a crime involving custodial punishment. Federal Law Number 3 of regarding UAE Penal Code as amended by Federal Law Number 34 of and further amended by Federal Decree Number 7 ofhereinafter referred to as the Penal Code, provides for provisions under which any relevant court can pass a judgment entailing a deportation order.

Article of the Penal Code, states that any foreign expatriate accused under felony punishable with custodial punishment or any crime involving sexual assault shall be deported from the country. In addition to this, in any offence of a misdemeanour, the court is empowered to expel the accused from the country, and that expulsion will be treated as an alternative punishment for imprisonment.

Furthermore, pursuant to Article of the Penal Code, any individual who violates the principles of religious creeds and rites can also be charged for deportation, post serving the requisite penalty. Administrative Deportation Federal Authority of Identity and Citizenship is recognized to order for administrative deportation against a foreign national in lieu of public safety, security and morals. However, this deportation can be removed by submitting an application before General Directorate of Residency and Foreign Affairs in the respected Emirate.

The legality of decision flows from Ministerial Decision Number of regarding the executive regulations of Law Number 6 of on the residency of foreigners as amended. It is important to note that, any administrative order for deportation passed by the relevant authority may also include deportation against the members of his family, dependent on him.

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Additionally, Article 4 of Federal Decree Law Number 3 ofFederal Identity and Citizenship Authority possess powers in all jurisdictions in relation to matters pertaining to nationality, passports, entry and exit of foreign nationals. The authority has the exclusive right to exercise such authority in order to accomplish its objectives.

The law authorizing the Authority to pass an administrative deportation order simultaneously grant a grace period post issuing bail to the foreigners who wish to settle the matter.

The authority will define the period within which he must resolve and which shall not exceed beyond three 3 months. Can the Deportation order be lifted? An administrative deportation order can only be lifted if the foreigner seeks written permission from Ministry of Interior, pursuant to Article 28 of Law Number 6 of regarding entry and residence of foreign nationals. The foreigner shall submit the application before Naturalization and Residency Administration authorized to receive such applications through legal representatives for entry permits and visa.

It is pertinent to highlight all the information regarding the previous residency permit, reasons for deportation and circumstances occurred thereafter in the concerned application form.

criminal deportation dubai

The application shall also include justification for allowing re-entry in the country along with supporting documentation. On the other hand, if a foreign national is charged with legal deportation, he may submit a request before the public prosecutor in lieu of cancelling the order passed against him.

The application shall entail the reasons for submitting such application along with the documents supporting his request. Upon receiving such application, the public prosecutor will transfer the request to a special committee to pass a decision and determine if the deportation order should be lifted or not.

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It is always advisable to reach out to the best criminal lawyers in Dubai, who can assist in drafting such application for either removing the administrative deportation or legal deportation, as these applications if submitted properly, may lift the deportation order.Hari Wadhwana.

Dr Amira Al Bastaki. Naser Muhyealdeen. Abdul Wahied Mohammad Sharief. Rajasree Ravivarma. Ahmed Elnaggar. Mohamed Bakheet. I have been travelling and was deported to my country for two years, and now I want to go back and work in Dubai. We would like to know the reason for the deportation. If there are any documents regarding that, please forward it to us. This costs AED The chances are In case you want to proceed, you have to send your passport copy. Hire a lawyer to conduct a complete check on a possible travel ban and arrest warrant imposed on you in the United Arab Emirates.

Submit the required documents and get results of the check online without visiting UAE government authorities personally. Q: Hi, I am an Indian and living in Dubai for the last 25 years. My son had a criminal case on document forgery and he served three months jail term then got deported from the UAE.

I am not very sure if he has been blacklisted and got a lifetime ban. The judgement states "3 months jail and deportation". Recently I checked at Sharjah Immigration and found no ban on him.

However, I'm a bit scared that he will be blocked and arrested at the airport on arrival on a tourist visa. Could you please advise how to check with the Airport Immigration and to ensure that he has no ban and can enter the country?

Kindly revert.

UAE Deportation: What you must do in the process

Q: Hi, My fiance was arrested due to drug possession. What are the chances for him to get back to the UAE as he has a good job offer and what is the procedure to do that? Thank you. Q: Hello Madam, My name is M. The days of the recession were hitting Dubai and companies not increasing salaries, due to that, labours made a strike and the company complained to the local authorities.

So the authorities kept us in jail for 4 days and deported us from jail to India with taking our eye scan in the jail we received our full settlement in the jail in front of authorities.

I want to know, do I have a travel ban in the UAE? Can I enter the UAE through a visit visa? Can I get a work permit in the UAE? Crimes and chastisement punishments shall be determined in accordance with the provisions of this Law and other penal codes. This law applies to the procedures relating to offences whose punishments are not specified, dogma and punitive offences, and blood money, if they do not violate the Sharia rules.There are two types of deportation, legal and administrative.

criminal deportation dubai

Legal deportation is issued under a court order against a foreigner who is sentenced for a felony by a custodial punishment. Article of Law No. In other misdemeanours, the court may order that he must be expelled from the country or that the expulsion be as an alternative penalty to the custodial punishment. Administrative deportation is issued by Federal Identity and Citizenship Authority against a foreigner for the sake of public interest, public security or public morals.

According to the Ministerial Decision No. Order of deportation issued to a foreigner may include the members of his family, who depend on him for their living.

The FICA shall have the right to exercise such jurisdictions for the purpose of accomplishment of its objectives. Grace period to settle interests of the deported person. If a foreigner against whom a deportation order has been issued has interests in the country that need to be settled, he shall be granted a grace period after providing a bail.

Federal Authority for Identity and Citizenship shall define the duration of that grace period, which shall not exceed three months.

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A foreigner who has been deported may not return to the country except with special permission from the director general of the Federal Authority for Identity and Citizenship, as per Article 28 of Law No. The application for obtaining the special permit referred to above shall be submitted to the naturalisation and residency administration concerned with receiving the applications for entry permits and visas, provided that the application shall contain all information related to the previous residency permits, the reasons for deportation, and circumstances which occurred thereafter.

Justifications for entry may be mentioned in the application, supported with documents and necessary evidence. A foreigner against whom a deportation order is issued, may apply to the public prosecution to cancel the deportation order. The application is sent to a special committee to take a decision on lifting the deportation order.

In Dubai, you can apply online to cancel deportation via the website of P ublic Prosecution. According to the Executive Regulation of Law No. Entering names in the blacklist or cancelling names therefrom shall be based on a letter issued by the authorities concerned for the following categories:.

This is what a deportation looks like

Individuals banned from entrance. Persons who previously committed crimes and ordered by the competent court to deport the country. Persons deported under administrative orders of Ministry of Interior according to Article 23 of Law No.

Deportation and possibility to return back to the UAE

Persons whose activities are reported by International Criminal Cooperation Department. Persons who were proved to be suffering from AIDS or other diseases that Ministry of Health and Prevention deems dangerous to the public health.Deportation is the lawful expulsion of an undesirable alien or other person to a state or country. From the definition alone, deportation happens when a person does something that the state or country deemed undesirable according to their law or culture.

One of the most obvious reasons would be when a foreigner committed a serious crime involving drugs, sexual assault-related cases. In these cases, the accused would be immediately deported. This goes the same when a person is confirmed to have HIV or any communicable disease quora. According to illustradolife. Issues of failed commitments such as the failure to pay debt can also be a cause for a travel ban and later on, deportation depending on how much the claimed amount is and the extent of benefit to the UAE if the accused stayed.

If this happens, the debtor can ask for a meeting his creditor using legal procedures through the Committee of Deportation and Travel Bans where the debtor could issue a petition to the prison administration for a meeting with the members. During this meeting, the debtor and the creditor could have a settlement to repay the debt. If the accused of any drug and sexual assault-related cases believes that they have been wronged, he can hire an attorney that specializes in deportation cases granting that the judge would allow this allaw.

Workers with expired or cancelled residence permit would be fined AED after the day grace period given by the court and AED25 per day if they decided to overstay. If the person fails to pay the fine, they will be subjected to three months of jail time and an order of deportation by the court after they served their jail time illustradolife.

Debtors would be given one or two weeks to pay their creditors while people with diseases would be given just enough time to call someone to pack their things before they would be escorted to the airport. People deported for having communicable diseases would most likely be blacklisted too.

Deportation from the UAE: everything you need to know about the system

Law and Culture. Last updated Feb 18, 0. You might also like More from author. Living in UAE. Prev Next.Those subjected to criminal proceedings in the UAE can find the system intimidating and overwhelming, particularly expatriates who do not understand Arabic and who may find the process very different from that of their home country.

This article will provide a general overview and explanation of the UAE criminal process in using a question and answer format and discuss a case before the Dubai criminal court relating to defamation under the Cyber Crimes Law.

The first step to initiate a criminal action is for the victim to file a complaint against the offender before the police. The complaint needs to set out the incident that occurred and sequence of events pertaining to the criminal offence. The complaint may be formal in writing and by way of an oral statement before the police which will be recorded in Arabic and signed by the complainant.

The complainant is required to file the complaint before the police station which has jurisdiction to hear the complaint i.

criminal deportation dubai

The complainant will be given the opportunity to call upon witnesses to testify in his or her favour before the police. Will the accused be questioned by the police and be given the opportunity to bring witnesses?

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Following the statement of the complainant, the police will contact the accused and take his or her statement. The police will refer the complaint to relevant departments within the police station that are responsible for reviewing and opining complaints i. Once the police have taken the statements of all parties and finalized their task, the complaint will be referred to the public prosecution, a judicial authority empowered to refer cases to the criminal court in the event the responsible prosecutor assigned to review the case finds that a criminal offence has taken place under the UAE Penal Code Federal Law No.

No fees will need to be paid for filing a criminal complaint before the police. However if the complainant seeks the legal services of an attorney, then professional legal fees will need to be paid to the attorney.

Once the police have referred the matter to the public prosecutor, the prosecutor will summon the complainant and the accused separately for an interview and both parties may also be given the opportunity to bring witnesses to testify in their favour before the prosecutor.

The statements of the parties involved in the complaint will also be recorded in Arabic by the clerk assisting the prosecutor and signed by the parties. If the prosecution finds that the criminal action is ready to be lodged, it will summon the accused to appear before the competent criminal court and provide the competent court with details of the crime s the accused has been charged with.

If on the contrary it deems that there is no reason to pursue the action, it shall order that it be archived. Crimes under the UAE Penal Code are divided into three categories depending on the seriousness of the punishment that may be applied: contraventions violationsmisdemeanours, and felonies the most serious. Below is a description of some of the punishments that these different level of crimes attract.

A contravention is any act or omission punishable under the laws or regulations, by one or both of the two following penalties:. Fines imposed by the criminal court are payable to the UAE government. They are not compensation for the victim save for blood money claimsnor do they indicate the level of compensation to be afforded to the victim in any civil claim. The Dubai criminal court is empowered to imprison, fine and acquit accused persons charged with criminal offences.