deportation from the UAE
The issue of deportation of the foreigner is one of the important and thorny issues in the UAE, which has attracted the attention of the Emirati citizen and of course, the foreigner residing in the UAE. In this topic, we will comprehensively go over the issue of deportation from the UAE, its types, laws, reasons and penalties.
Lawyer Muhammad Al-Najjar explains the types of deportation from the UAE, and they are two types:
1- Judicial deportation
Judicial deportation issued by virtue of a court against a foreigner who is sentenced to a penalty restricting freedom in a felony or misdemeanor. The law provides that if a foreigner is sentenced for a felony by a custodial punishment or for crimes involving sexual assault, must be deported from the State. Article 121 of Law No. 3 of 1987 on penal code, amended by virtue of Federal Law No. 34 of 2005, amended by virtue of Federal Decree-Law No. 7 of 2016.
2- Administrative deportation
The Federal Identity and Citizenship Authority is the authority that issues an administrative deportation ruling against the foreigner and his family members who depend on him for their living. , and their residency is cancelled, not as a result of committing a crime, but it is sufficient that this person represents a threat to the public security of the state or to public morals and ethics, and may not be implemented This deportation is through a request for forgiveness submitted to the General Directorate of Residency and Foreigners Affairs in the related emirate , this according to the Ministerial Decision No. 360 of 1997, promulgating the executive regulation of Law No. 6 of 1973 on Entry and Residency of Foreigners, amended by Decree Law No. 17 of 2017.
A grace period may be granted to a foreigner who has been deported if he has interests that must be settled in the country, but he is not entitled to until after he submits a guarantee, and the time limit shall not exceed three months, which determined by the Federal Identity and Citizenship Authority.
Lawyer Muhammad Al-Najjar also explained the procedures for lifting the deportation, which are as follows:
A foreigner who has been administratively deported from the country is not entitled to return to it except by obtaining a special permission from the Director General of the Federal Identity and Citizenship Authority as per Article 28 of Law No. 6 of 1973 on Entry and Residence of Foreigners. The request includes all data related to residence or previous stays in the country, the reasons for deportation and the circumstances that occurred after it, which could justify the authorization to enter the country again.
He also submits a request to the Public Prosecution to consider canceling the deportation ruling, which includes the reasons and documents supporting this request, and submits the request to the competent committee to decide on it. In Dubai, the service of canceling electronic deportation is also available through the website of the Public Prosecution.
As for those who are prohibited from entering and leaving the country
Mohammad Al Najjar explained that “Those who are prohibited from entering or leaving the country are included in what is known as the blacklist”. This ban is due to several reasons, such as committing crimes, claiming civil rights, or threatening public security, and the General Department of the Federal Criminal Police at the Ministry of Interior is responsible for preparing, organizing and updating the blacklist.”
Mohammad Al Najjar explained that the blacklist is divided into two parts:
1- Those who are not allowed to enter:
- Perpetrators who were sentenced to deportation from the country.
- Persons who have been deported in accordance with administrative orders issued by the Minister of Interior in implementation of the provisions of Article 23 of the Law on Entry and Residence of Foreigners.
- Persons whose activities are reported by the International Criminal Cooperation Department.
- Persons who were proved to be suffering from AIDS or other diseases that Ministry of Health and Prevention considers dangerous to the public health
- Persons who are removed from the GCC countries for criminal reasons.
2- Those who are not allowed to leave:
- Anyone against whom an order has been issued by the Public Prosecutor or his representative in the state in a case under investigation.
- Anyone against whom a written order has been issued by the competent court in a case before it.
- Whoever liable for paying government funds, in which case, the leaving ban order will be issued by the competent Minister or his authorized representative.
The administrative list contains the names of people who are prohibited from entering the country or who have been banned from leaving the country for several reasons, including the cancellation of their residencies, as well as those wanted for escaping from their sponsors.
The administrative list includes the following categories:
- Maids and the like whose residency in the country has been canceled before the expiry of their work contracts.
- Persons reported escaping from their sponsors.
- Persons against whom an order has been issued for administrative deportation from the state.
Lifting names from the administrative list:
The following categories are removed from the administrative list through the administration of entry and residence permits after one year from the time of leaving the country or deportation from it:
- Maids and the like who have been added to the list due to the cancellation of their residency before the expiry of their work contracts;
- Persons who have been deported from the state according to the provisions of Article 29 of the Law on Entry and Residence of Foreigners
- Persons banned from entering the state according to fines reduction regulations provided in the Ministerial Resolution No. 360 of 1997.
At the conclusion of this topic, it is worth noting a very important matter, which is the amendments made by the UAE and its wise administration to the Penal Code, according to which a foreigner may not be sentenced to deportation if he is related to the first degree of kinship to the citizens of the country, unless this ruling is related to a crime affecting state security; This confirms the efforts of the UAE government to maintain peaceful coexistence within the Emirates, to preserve the fabric of the state from collapse, and to provide a decent life for the family. It also reflects the principle of tolerance that the state has made a method for it.