criminal law


February 18, 2019



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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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Hi, My husband is facing a criminal case which an appeal judgement of deportation and fine. We applied an appeal in higher cassation is pending trial schedule. Now he has been arrested and several bail request has been rejected. Due to recent events my made a letter inside the central jail to request to withdraw the appeal and process the deportation. My question is he just gave the letter to one of the police officer inside, do I as his wife applied for the same. How to apply and expedite his deportation?
Dear Maye, Thank you for your enquiry. We completely understand your concerns. The execution of deportation will be based on internal administrative procedures of the department. It is advisable to consult a lawyer specializing in criminal matters. If you would like to schedule a meeting, please do not hesitate to contact us. Dr. Hassan Elhais
how many days it will take to complete the application of cancelling deportation order in abu dhabi?
You may apply a request to the public prosecution for reconsideration in the criminal matter, and such request will be at the discretion of the relevant authority. It is advisable to consult a criminal lawyer to advise you on the prospects of your application.

If you would like to schedule an appointment, please do not hesitate to contact us.   Dr. Hassan Elhais
Sir my husband has criminal case after he proved his officers said that he deported by federal authority .he aquited from the court then why the deportation .how can lift the deportation .is it possible?
Thank you for your inquiry.

You may apply a request to the public prosecution for reconsideration in the criminal matter, and such a request will be at the discretion of the relevant authority. 

It is advisable to consult a criminal lawyer to advise you on the prospects of your application. 

If you would like to schedule an appointment, please do not hesitate to contact us.   Dr. Hassan Elhais
I have convicted for posses if alcohol with intention of selling it. My verdict is 1 month in jail( already served) and deportation. I am in Dubai right now and I don’t want to go to jail in order to get deported. Is there any way to avoid it?
It is advisable to speak with a criminal lawyer, so that he can share his customized advice with you. The lawyer may need a detailed review of your matter, and accordingly he can then guide you on your options. If you would like to schedule a meeting, please do not hesitate to contact us.

Look forward to hearing from you.   Dr. Hassan Elhais
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
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
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
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?
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
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

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