Request for clemency from deportation in the UAE
Appeals for Clemency Against Deportation in the UAE
Appeals for clemency against deportation in the UAE are among the most pressing concerns for residents of the United Arab Emirates. Many may face judicial or administrative deportation, or have their names placed on the list of those banned from entering the country, also known as the blacklist. Consequently, many resort to submitting clemency requests to the relevant sheikhs and state officials, pleading for their intervention and requesting that they not be deported from the UAE.
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Sample Appeal for Clemency Against Deportation in the UAE
Before providing you with a sample appeal for clemency against deportation in the UAE, we must explain the reasons that lead the state to deport some foreign residents. These reasons are:
A court ruling against the foreign resident in the UAE imposing a sentence of imprisonment or restriction of liberty for a felony or misdemeanor.
The foreign resident committing numerous violations of the laws and regulations of the United Arab Emirates.
The foreign resident committing violations related to residency procedures in the UAE.
The foreign resident committing acts that threaten state security, or that violate public morals or decency.
Based on the above, deportation of foreigners in the UAE can be divided into two types: judicial deportation and administrative deportation.
Judicial deportation: This is carried out by a court ruling issued against the foreigner, explicitly stipulating their deportation from the country in accordance with Article 121 of the UAE Penal Code, issued by Federal Law No. 3 of 1987.
Administrative deportation: This is carried out by the Federal Authority for Identity and Citizenship, which issues the administrative deportation order against the foreigner and their dependent family members. This is due to the foreigner committing a crime or violation that threatens public security in the country, offends public morals and decency, or causes significant harm to the country.
Now, we present to you an electronic form for appealing a deportation order in the UAE. Let’s take the Emirate of Dubai as an example, following these steps:
Access the administrative deportation appeal service in the Emirate of Dubai.
Enter the applicant’s name as it appears in their passport.
Click on the “Resident” or “Visitor” option, then enter your ID number or passport number.
Select your nationality from the drop-down menu that appears, and enter your date of birth correctly.
Enter your email address and phone number for contact.
Write down the details of your request for clemency from deportation.
Attach the necessary documents and evidence to support your request.
Click the option to agree to the terms and conditions of the Dubai Public Prosecution.
Click the verification box to register your clemency request.
You can then check the status of your clemency request periodically to see if it has been approved.
However, your request will be rejected if it is not drafted in a legally sound and legible manner, containing legal terminology, a thorough explanation of the case, and supported by original documents that fully support your request and are properly linked to the explanatory clemency regulations. Otherwise, your request will be rejected, and you will lose your right to clemency.
Conditions for Canceling Judicial Deportation in the UAE
As mentioned in the previous paragraph, judicial deportation is an inevitable consequence of a court ruling against a foreigner who commits a felony or misdemeanor punishable by imprisonment. It is one of the judicial measures stipulated in the UAE Penal Code. The conditions for canceling judicial deportation are the same as those for accepting a plea for clemency in the UAE. These conditions are summarized in the following points:
Anyone against whom a court ruling has resulted in their deportation from the UAE must submit a plea for clemency to the Public Prosecution in the emirate from which they were deported, in order to have the deportation order revoked.
The judicially deported person must state the reasons supporting their request and attach all necessary documents and evidence.
The applicant must submit a pledge not to repeat the crime or violation that led to their deportation.
We advise anyone subject to judicial deportation to consult a lawyer specializing in this matter to assist them in submitting a plea for clemency to the Public Prosecution in the emirate where they reside. The application must be accompanied by all supporting evidence, documents, and paperwork. This may prove effective in appealing to state officials for a pardon and another opportunity to remain in the UAE.
Those administratively deported are not permitted to return to the UAE except with special permission from the Director General of the Federal Authority for Identity and Citizenship, in accordance with the applicable law on entry and residence of foreigners. The application must include all relevant information regarding residency, previous residency in the UAE, the reasons for deportation, and the circumstances that led to it. This type of application may be successful and allow the individual to re-enter the UAE.
The Difference Between Deportation and Repatriation in the UAE
If we attempt to define the difference between deportation and repatriation according to the specific UAE laws governing them, we find that deportation is more closely related to judicial procedures resulting from a criminal conviction. This applies to individuals who are barred from entering the country or from leaving it due to committing crimes or serious offenses, or as a result of demanding their civil rights, or because they pose a threat to public security.
Deportation is an inevitable consequence of a court ruling against these individuals; it is a judicial measure. Therefore, anyone deported from the UAE must either be banned from entering the country after serving their sentence, or be prohibited from leaving the UAE until their trial.
The execution of the sentence issued against him.
Deportation, however, is less severe than expulsion and is related to administrative removal from the UAE. Deportation often pertains to offenses that do not rise to the level of serious crimes warranting expulsion. The most significant offenses leading to deportation include illegal entry into the country, legal entry and residency followed by expiration of residency and failure to renew it, or individuals wanted for absconding from their sponsors.
The UAE has categorized those subject to deportation and those subject to expulsion into lists. The deportation list can be referred to as the blacklist, which includes those banned from entry and those banned from exit.
Those Banned from Entry
These include:
Individuals who have committed crimes and have been ordered deported by the court.
Individuals deported by decisions issued by the Minister of Interior in accordance with the provisions of the Law on Entry and Residence of Foreigners.
Individuals whose criminal activities have been reported by the International Criminal Cooperation Department.
Individuals with HIV/AIDS or other infectious diseases whom the Ministry of Health has decided to bar from entry as a precautionary measure for the benefit of the UAE community.
Individuals who have been deported from the Gulf Cooperation Council (GCC) countries for criminal reasons.
Those prohibited from leaving the country
These are categorized as follows:
Anyone against whom an order has been issued by the Public Prosecutor, or their representative in the country, in a case under investigation.
Anyone against whom an order has been issued by the competent court in a case pending before it concerning that individual.
Anyone who owes money to the government, provided that the travel ban order has been issued by the Minister or their designee.
The Administrative List
This is the second list, which pertains to deportation, and includes the following:
Domestic workers and those in similar categories whose residency permits in the UAE have been cancelled before the expiration of their employment contracts.
Individuals who have been reported as absconding from their sponsors.
Individuals against whom an administrative deportation order has been issued.
In conclusion, we hope this article has clarified how to submit a deportation appeal in the UAE, the application form for such an appeal, the conditions for canceling a judicial deportation order, and the difference between deportation and expulsion.
We advise anyone with a deportation appeal in the UAE, or who needs to have a travel ban lifted, or who needs to appeal a visit visa violation in Dubai, to consult a specialized lawyer. This lawyer is available at the Law Office of Salem Al-Khatiri for Advocacy and Legal Consultations.