Deportation in UAE

There are two types of deportation in the United Arab Emirates. The deportation can be inflicted on residents as well as those who are visiting the country as tourists. These types are as follows;

• Judicial Deportation – Enforced through a Court Order
• Administrative – Enforced through Federal Identity

We will discuss the subject in detail here for a better understanding with the help of examples.

This deportation is also called Legal Deportation. This type of deportation is for the expatriates if they commit a crime in any Emirate of the Country. The list of crimes provided by the UAE Government, where deportation is the punishment or can be punishment, are the reasons where deportation is given by the Court. Deportation orders are always due to serious crimes, mistakes and issues created by the person in UAE. UAE is quite tolerant and flexible towards expatriates, otherwise.

When an expatriate is convicted of a crime where deportation is a must, no political or financial aspect can change this verdict, unless there is a special mercy granted by DIWAN or the state. It also reflects another aspect that UAE is one of those corruption free countries where, nobody can go beyond the law or challenge the implementation of the law. Sexual Assault, Drug dealings etc are the crimes where an automatic legal ban and deportation order comes. These crimes come under felony and felony crimes are mostly deported or can be deported.

• The Article 121 of 1987, which was amended later by Federal Law 32 of 2005 and Federal Law 7 of 2016, provides the clearance on this topic that’ The persons who are convicted, and sentenced due to Felony crimes, will be deported out of the country.
• In case, if there has been a misdemeanour, the court can still deport the foreigner/expatriate out of the United Arab Emirates.

This type is imposed directly by the Federal Identity and Citizenship Authority UAE. The risks or the issues involved here are like public security, threats to the nation, national security, conspiracy against the country, Mafia activities, public health, safety of the citizens etc. This type of deportation can be worse in nature and stricter because family members can also be deported along with the convict. If it is strict then there is another soft corner where a person can apply appeal to Directorate General Residency and Foreign Affairs.

After the deportation orders, one grace period is also provided. The Grace Period is not more than 3 months. The person can file the appeal and try to resolve the deportation issues, if possible. Expatriate has to file for bail and then upon acceptance, he is granted a maximum 3-month grace period.

Once the deportation orders are passed and foreigner/expatriate is deported then he or she has one way to remove the deportation. He or she has to ask for special permission, from Director General Federal Authority for Identity and Citizenship. Article 28 of 1973 throws light on this phenomenon. This was the applicant has to get the permission. For this purpose, an application is submitted to Naturalization and Residence of Foreigners.

This application contains the detail reason or judgement of deportation, status of the applicant in UAE before deportation, Residency VISA details, VISA stamp Page, Passport Copy Emirates ID Card Copy etc. There is no guarantee that Deportation orders can be reversed.

This matter of BLACKLIST is defined by UAE Executive Regulation Law 6 of 1973. As per this Law, the Travel Ban and Backlist are the status where a person cannot enter in UAE. Federal Department of Criminal Police inside MOI has authority to add or remove the Travel Ban or Blacklist status. The Backlisting status can be defined as follows;

• For Blacklisted Person have the Claims against them from entering the UAE & for Blacklisted Persons have the Claims against him from leaving the UAE.

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