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February 18, 2019|
What Must You Do If You Are Deported From the UAE?
The UAE has a wide pool of legislation, which governs every aspect of a resident's life residing in the country, in order to ensure peace and harmony. Given the presence of numerous laws, individuals, particularly foreign nationals, must keep up with the law, in order to be eligible to stay in the country.
That said, it may seem difficult to understand legal terms and the concepts laid down under these laws. One such term is 'Deportation' which is an important consideration for expatriates. The present article, written based on the practical experience of Criminal Lawyers of Dubai, will discuss the varied reasons for deportation in UAE.
What is Deportation?
Deportation is an authority granted to the government to order a foreign national to leave the country. An order for deportation can arise in several circumstances. The most common reason is the lack of legal right to stay in the country and/or upon committing a serious criminal offence in the territory.
The deportation order is considered a punishment for those who fail to adhere to the laws of the country in which they are residing. In almost all countries, the order for deportation can only be passed against foreign expatriates, and local citizens are exempted from such punishment.
Categories of Deportation
In accordance with Federal Decree-Law No. 29 of 2021 On the Entry and Residence of Foreigners (Deportation Law), read with the Cabinet Decision No. 65/2022 On the Issuance of the Implementing Regulation for Federal Decree-Law No. 29/2021 on the Entry and Residence of Foreigners (Regulations), there are two categories of deportation practised in UAE which includes legal deportation and administrative deportation. While the former action is through an order of the court, the latter is issued by the Federal Identity and Citizenship Authority.
Judicial Deportation: Any order for deportation issued by the competent court against any foreign expatriate who is charged with a crime involving custodial punishment. A foreigner will accordingly be deported from the country if a court deportation ruling is issued against him (Article 70 of the Regulations).
Federal Decree-Law No. 31 of 2021 On the Issuance of Crimes and Penalties (Penal Code) provides provisions under which any relevant court can pass a judgment entailing a deportation order. Article 126 of the Penal Code states that any foreign expatriate convicted of a felony punishable with custodial punishment shall be deported from the country.
In addition to this, for any offence of misdemeanour, the court is empowered to expel the accused from the country, and that expulsion may be treated as an alternative punishment for imprisonment. Any conviction for a crime against the external or internal security of the country requires the expulsion of the convicted foreigner from the country after the completion of the sentence. Further, violating the laws related to alcohol consumption, etc., gives the court the right to expel the foreigner from the country under Article 363 of the Penal Code.
Administrative Deportation: Federal Authority of Identity, Citizenship, Customs and Ports Security is recognized to order for administrative deportation against a foreign national if: (a) such deportation is required by the public interest, public security, public morals, or public health, or (b) if he has no apparent means of subsistence.
A Foreigner who has previously been deported may not return to the State without the permission of the Federal Authority of Identity, Citizenship, Customs and Ports Security in accordance with the Deportation Law.
The Deportation Law authorizes the public prosecutor or his legal representative and the Chairman of the Federal Authority of Identity, Citizenship, Customs and Ports Security or his representative to issue an order for deportation against an expatriate, even if she/he holds a valid resident visa or work permit, if such deportation is required by the public interest, public security, public morals, or public health, or if he has no apparent means of subsistence.
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.
Article 15 of the Deportation Law also provides for the Chairman or his authorised representative to detain the foreigner whose deportation order is issued, after approval of the Federal Public Prosecutor, and for a period not exceeding (30) thirty days, which may be extended for a similar period if such detention is necessary to implement the deportation order.
If the foreigner against whom an expulsion order is issued has interests in the country that require liquidation, the Authority will grant him a time limit not exceeding (3) three months, to liquidate them after he provides an acceptable guarantee.
Can the Deportation Order be Lifted?
An administrative deportation order can only be lifted if the foreigner seeks written permission from the Chairman of the Federal Authority of Identity, Citizenship, Customs and Ports Security under Article 18/1 of the Deportation Law. In cases where a visa/residence permit has expired or been cancelled, a person could re-enter the country once the conditions and procedures necessary to enter the UAE have been fulfilled (18/2 of the Deportation Law).
It is always advisable to reach out to the best criminal lawyers in Dubai, who can assist in drafting applications for removing administrative deportation or judicial deportation, as these applications if submitted properly, may lift the deportation order.
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