criminal law

|

February 18, 2019

|

8637 views


| Your comment matters, please click here to rate article!



WHAT MUST YOU DO IF YOU ARE DEPORTED FROM UAE? 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. 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 1987 regarding UAE Penal Code as amended by Federal Law Number 34 of 2005 and further amended by Federal Decree Number 7 of 2016, hereinafter referred to as the Penal Code, provides for provisions under which any relevant court can pass a judgment entailing a deportation order. Article 121 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 325 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 360 of 1997 regarding the executive regulations of Law Number 6 of 1973 on the residency of foreigners as amended.

The relevant Decision, authorizes the public prosecutor or his legal representative to issue an order for deportation against an expatriate, even if she/he holds a valid resident visa or work permit, should that order be passed in the interest and safety of the public at large. 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. Additionally, Article 4 of Federal Decree Law Number 3 of 2017, Federal 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 1973 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. 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.

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. What if Blacklisted? A foreign national will be considered as blacklisted if he/she is restricted to enter or leave the country due to the offence committed by him or any liability under civil law, as authorized under Executive Regulation of Law Number 6 of 1973. Foreign nationals will be restricted to enter the country in any of the following circumstances: Who committed crimes and were deported; Deported by Ministry of Interior; Whose activities have been recorded in International Criminal Cooperation Department; Foreign nationals who were suffering from HIV AIDS; Those who are deported by any country in GCC.

Whereas, individuals are restricted to leave the country if: If a criminal case has been registered against him; If a criminal investigation is undertaken by the public prosecutor; Any person is liable to pay funds of UAE government. An application for lifting the name from the blacklist shall be submitted in accordance with Ministerial Resolution Number 360 of 1997 and Law Number 6 of 1973 on Entry and Residence of foreigners, by the individuals who are restricted to enter the country.

Whereas, individuals must file an application either before the public prosecutor or the competent criminal court in order to lift the name from the blacklist and to travel outside the country. In all the cases above, a legal consultancy from UAE Law Firm is advised and suggested.

Related Links


Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.


Client Testimonials

I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.

Raphael Lauria
Manager, FME General Trading

Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.

Zhuo Liu
Client

...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...

H.H. Sheikh Saeed Bin
Mohammed Hashir Al Maktoum

I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.

Luis Pozueco
Client

Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.

Bassam Yamout
Director, JM Metal Trading LCC

He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.

Philippe Delbecq
Client

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

British Client

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.

Dr. Massimo Hakim
Chairman, Italian Style

I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.

Manish Gupta
Marketing Manager, Express Digital System

Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.

James Horsley
British Client

Comments

My brother got deportation due to working on visit visa. What is the procedure of deportation can we book ticket go to aweer jail and complete the process. He is out on my bail my passport
Mansoor
2020-08-11
We are a leading law firm in the region. With a wide area of expertise and ground connections, we're adept at providing bespoke legal advice pertaining to your enquiry.

We would like to handle your matter in the following stages:

1. Stage 1: We will visit the Prosecution to conduct a check on the details of the case against your brother, particularly the status and the relevant information - which we may need to action your request.

2. Stage 2: Once we have the aforesaid information, we will revert to you with our engagement terms to handle your matter.

Should you have any questions, please do not hesitate to contact us.   Dr. Hassan Elhais
how soon can a failed medical test be deported
Oyin
2020-03-07
In furtherance to the concerned question, please note that law does not describe a timeline for the authority to deport the individual, in any given scenario. Please be informed that it is an administrative decision of the authority to deport the individual and within said time.   Dr. Hassan Elhais
Hi I want to ask how can I file case for deportation for someone who threading me.. And how much it cost if ever I file case against to person. How long it will take? I hope got answer bcoz not making me sleep. thank u
Jc
2020-02-05
A deportation order could be delivered by the court or prosecution as a result of a conviction in an offense that warrants such a punishment. We will be better placed to guide you on the process, engagement terms and the maintainability of such a case once we have a better understanding from you on your matter. Therefore, we request you to meet with us in our office for a detailed discussion.

Please share your availability and your best call back number and accordingly we will schedule a consultation with you. Should you have any questions, please do not hesitate to contact us.   Dr. Hassan Elhais
is it any possibility if the person charge deportation for consexual sex be back to dubai? any possible way to lift his black listed? and how much?
rose
2020-01-27
In furtherance to your concern, kindly be informed that if the court has issued a deportation order, it is very unlikely that it will be removed. Further, please note that such applications are registered before the UAE government and fall completely under their discretion to lift the ban or not. In this regard, we advise you to have a consultation call with one of our legal consultants to discuss it further.   Dr. Hassan Elhais
Hello, my husband has civil case and has no visa. The civil case judge asked him to pay a small amount to get out of jail. And we paid. But the prosecutor put him back with deportation because of no visa. But he can’t get a visa with a case. Kindly let me know if you can help get him out to look for job and how much I need to pay for the service
priscilla kiiru
2019-08-19
We need to conduct a legal status check on your husband to determine where his matter is presently. Upon conducting the check, we will determine what steps are the most appropriate to handle the matter. Therefore, please share his passport copy with us so that we can conduct a legal status check. Our Professional Fees to do this check will be AED4,000/- including VAT. Please provide us with your confirmation and we will guide you on how to proceed.

Should you have any question, please do not hesitate to contact us.   Dr. Hassan Elhais

Leave a Comment

Your email address will not be published. Required fields are marked *

Want to know more?
Then talk to us.


Select your Language:

        

Main Menu

Zoom