All about deportation from the UAE
All About Deportation from the UAE
A Lawyer Who Can Overturn Deportation Orders in the UAE
Deportation from the United Arab Emirates
The issue of deporting foreigners is a significant and complex one in the UAE, attracting the attention of both Emirati citizens and foreign residents. This article will comprehensively address the issue of deportation, its forms, laws, reasons, and penalties.
If you wish to overturn a deportation order and return to the UAE, or if you are currently facing deportation and wish to have it overturned and avoid leaving, you will undoubtedly need to find a lawyer to assist you. Your search will undoubtedly focus on finding the best lawyer specializing in deportation cases.
The Best Lawyer Who Can Overturn Deportation Orders in the UAE and Help You Can Revoke Deportation Orders, Whether Administrative or Judicial, Based on Available Resources
The best lawyer who can overturn deportation orders in the UAE is the lawyer specializing in this area at the Law Office of Salem Al-Khatiri, due to the following qualities:
His expertise in all laws related to deportation from the United Arab Emirates, particularly the UAE Penal Code, specifically Article 121.
He is empowered to make all decisions related to deportation, particularly Ministerial Resolution No. 360 of 1997, which includes the issuance of the executive regulations for Federal Law No. 6 of 1973 concerning the entry and residence of foreigners.
He has access to lists of those prohibited from entering and leaving the country.
He has the power to remove names from blacklists and administrative lists.
Blacklist
The blacklist pertains to judicial deportation and includes the names of those prohibited from entering and leaving the country.
Persons Prohibited from Entry
Persons convicted of a crime warranting deportation from the country.
Persons deported pursuant to administrative orders issued by the Minister of Interior in accordance with the provisions of Article 23 of the Law on the Entry and Residence of Foreigners.
Persons whose activities have been reported by the International Criminal Cooperation Department.
Persons confirmed to be infected with HIV/AIDS or other diseases deemed by the Ministry of Health to be a threat to public health.
Persons deported from Gulf Cooperation Council (GCC) countries for criminal reasons.
Those Prohibited from Leaving
Those subject to an order from the Public Prosecutor in connection with an ongoing investigation.
Those subject to a written order from the competent court in a pending case.
Those indebted to government departments for outstanding payments, provided the travel ban order is issued by the Minister or their designee.
The Administrative List
This list pertains to administrative deportation and includes:
Domestic workers and those in similar categories whose residency permits in the UAE have expired before the end of their employment contracts.
Those who abscond from their sponsors and are reported.
Those subject to an administrative deportation order from the UAE.
Removal of Administrative Deportation
Submitting a petition for clemency to obtain special permission from the Director General of the Federal Authority for Identity and Citizenship. This is for the Entry and Residency Permits Department at the General Directorate of Residency and Foreigners Affairs in the relevant emirate.
The petition must include information regarding residency and previous residency permits in the UAE, the reasons for deportation, and justifications for obtaining a re-entry permit.
The petition must be accompanied by supporting documentation.
Removing a Judicial Deportation Order
Submit a request to the Public Prosecution in the emirate to which you wish to return to have the deportation order revoked.
Explain the reasons and supporting documents for your request.
The request will be presented to the relevant committee for a decision.
Anyone wishing to cancel a deportation order in the Emirate of Dubai can also submit a request through the online deportation cancellation service.
Deportation in the UAE
Referring to UAE laws concerning deportation, we find that there are two types: judicial deportation and administrative deportation.
Lawyer Salem Al-Khatiri explains the two types of deportation from the UAE:
Judicial Deportation
Judicial deportation can be defined as deportation issued by a court ruling in a UAE court against a foreign resident in the UAE.
A condition for judicial deportation is that the ruling must be for a felony or misdemeanor punishable by imprisonment. Article 121 of the UAE Penal Code stipulates that a foreigner convicted of a felony punishable by imprisonment is subject to deportation.
In cases of crimes against honor or indecent acts, the court may order deportation. For other misdemeanor offenses, the court may simply order the deportation of the foreigner without imposing a prison sentence.
Does deportation from the UAE apply to all Gulf Cooperation Council (GCC) countries?
Deportation is a sovereign decision of the state and applies only to the issuing country, unless there are agreements between GCC member states regarding this matter. It should be noted that the UAE decides to deport foreigners who have been deported from other GCC countries for criminal reasons.
Administrative Deportation
This refers to deportation issued by an administrative authority. The administrative authority empowered to deport foreigners from the UAE is the Federal Authority for Identity and Citizenship. It can issue an administrative deportation order for a foreigner if deemed necessary for the public interest, public security, or public morals.
According to the conditions for canceling administrative deportation, it can only be lifted upon a petition for clemency submitted by the concerned party to the General Directorate of Residency and Foreigners Affairs in the emirate where the deportation occurred.
If a foreigner obtains an entry visa or residence permit in the UAE, the executive regulations of Federal Law No. 6 of 1973 concerning the entry and residence of foreigners stipulate that:
The Federal Attorney General, or his designee, and the Chairman of the Board of Directors of the Federal Authority for Identity and Citizenship, or any of the Authority’s Directors General, have the authority to order the deportation of the foreigner, even if they have obtained such a permit.
This deportation can be ordered if it is deemed necessary in the interest of public safety, security, public morals, or public health, or if the foreigner has no apparent means of earning a living.
In conclusion, we hope this article about lawyers handling deportation cases in the UAE has clarified all aspects of this issue.
