Deportation in UAE And Reasons For Judicial Deportation
What is Deportation?
In certain countries, deportation is a legal action conducted against foreign nationals for administrative or judicial purposes. Depending on the relevant laws and regulations, there are several kinds and jurisdictions for deportation.
This article will go over the various forms of deportation and the legal justifications for them in the United Arab Emirates (UAE).
Administrative Deportation
The Federal Authority for Identity and Citizenship may order someone deported administratively to protect the safety, morals, and interests of the public.
Administrative deportation orders may be issued by the Federal Public Prosecutor or other appropriate authorities if doing so advances the public interest, public morals, and public security, as permitted by Ministerial Decision No. 360 of 1997 and the Executive Regulation of Federal Law No. 6 of 1973 regarding the entry and residence of foreign nationals.
A foreign national deported administratively may request a review of the deportation order from the Public Prosecution.
Reasons Behind Administrative Deportation
Administrative Deportation may occur for the following reasons:
- Public security interest, which arises when the administrative authorities fear that the entry of foreign nationals could represent a security risk.
- Public Interest: For instance, if the foreigner’s actions go against Emirati society’s ethical values and standards.
- Public Morals: The foreign national, in any case, violates the laws and social, moral, and ethical principles enforced in the country.
Grace Period for Resolving the Deported Person’s Affairs
After the deportation or expulsion order is issued, the foreign national has a grace period to take care of any outstanding business in the nation.
This period’s duration is set by the Federal Authority for Identity and Citizenship standards, and it cannot be longer than three months.
Judicial Deportation
A court decision against a foreign national who has been given a sentence that restricts their freedom because of committing a felony or misdemeanour is the basis for judicial deportation.
A foreign national may be deported under Article 121 of the Federal Penal Law No. 3 of 1987 if they have committed a felony or misdemeanour and have been sentenced to a term that restricts their freedom.
The court may also order their deportation concerning certain additional misdemeanours. The country’s relevant laws govern the application of judicial deportation.
What Are the Reasons for Judicial Deportation?
- The foreign national may be found guilty of a felony or misdemeanour and be sentenced to restricted freedom.
- Having committed offences against public decency.
Prohibited Entry and Exit from the Nation
The Blacklist
Executive Regulation of Federal Law No. 6 of 1973 concerning the entry and residence of foreigners’ states that the names on the blacklist are those of people who are not allowed to enter or leave the nation because they are involved in criminal activity, are pursuing civil rights claims, or pose a threat to public safety.
For the following categories, the names added to and removed from the blacklist are determined by a letter sent by the appropriate authorities.
Prohibited From Existing
- Individuals with outstanding debts to the government, from whom a prohibition order needs to be issued by the Minister or their designated representative.
- Those against whom an order has been issued by the Public Prosecutor or their representative in the nation in an investigation.
- Individuals against whom a written order has been issued by the competent court in an ongoing case.
Prohibited From Entry
People who have been convicted in the past and whose deportation from the nation has been authorised by a competent court are prohibited from entering.
- People who, by the Foreigners’ Entry and Residence Law’s Article 23 stipulations, have been administratively deported as per the Minister of Interior Affairs’ instructions:
- Those whose actions the Department of International Criminal Cooperation has received reports about
- Those who have been diagnosed with acquired immune deficiency syndrome (AIDS) or other illnesses deemed dangerous to the public’s health by the Ministry of Health and Community Protection.
- People expelled from the nations that make up the Gulf Cooperation Council (GCC) due to criminal offences.
Removal of Deportation
According to Article 23 of the law, a foreign national who has been administratively deported is not allowed to enter the nation again. Nonetheless, the foreign national may ask the Public Prosecution to review their plea to have the deportation order revoked.
Various forms of deportation, whether judicial or administrative, are permitted under UAE law to uphold morality, public interest, and public security.
Foreign nationals residing in the State are required to abide by local laws and ordinances. If they do not, they may be subjected to legal deportation procedures.
In conclusion, foreign nationals residing in the UAE are required to observe local rules as well as those about employment and residency.
The legal and administrative must implement the different forms of deportation mandated by the laws and legislation in force to preserve public security and the public interest in the State.
