Deportation measure in the UAE`s legislation
Deportation is a measure imposed by the competent authorities in certain cases against certain residents of the United Arab Emirates, and those sentenced for crimes against the morals or sentenced for committing crimes that harm the security of the community such as trafficking and the use of narcotic drugs and psychotropic substances. In some cases, the deportation measure is imposed in an administrative manner, especially when the public interest or security and public order require the deportation of a person from the territory of the State.
Types of deportation:
There are two types of deportation:
- Judicial deportation: issued by judicial decision.
- Administrative deportation: issued by the Federal Authority for identity and citizenship.
firstly: the judicial deportation:
The judicial deportation shall be imposed on foreigner who has been issued against him a sentence containing a penalty restricting freedom, a felony or misdemeanor; in accordance with the article 121 of the Federal Penal Code No. 3 of 1987 and its amendments, according to which this article promogulated that: In case a foreigner is sentenced to a penalty restricting freedom in a felony or a misdemeanor, the court may order its deportation out of the state and deportation becomes a must in crimes against honor. In misdemeanors, the court may order deportation in lieu of sentencing the convict to the penalty restricting freedom applicable on misdemeanors.
Secondly: the administrative deportation:
The administrative deportation shall be imposed by the federal authority for identity and citizenship against the foreigner, whether the foreigner is resident or non-resident in the United Arab Emirates, in cases where the public interest, public security or public morality requires the imposition of such measure.
In accordance with Ministerial Decision No. 360 of 1997, which contains the implementing regulations of the Federal Law No. 6 of 1973 concerning the entry and residence of foreign nationals in UAE. which was amended by Federal Decree No. 17 of 2017: The Federal Public Prosecutor or his authorized representative of other entities, the Chairman of the Board of Directors of the Federal Authority for Identity and Citizenship or the person delegated by the Director General of the Authority may order the deportation of the foreigner, even if he has an entry permit, visa or residence permit if such deportation is required by the public interest, public security, public morals or public health or have no apparent means of living.
And the order of deportation issued for a foreigner may include the members of his family, who are depending on him in their living. All the competencies and powers of the Ministry of the Interior relating to citizenship, passports, entry, and residence of foreigners in the state have been transferred to the federal Authority for identity and citizenship. moreover, if a foreigner against whom a deportation order has been issued has interests in the country that need to be settled, he shall be granted a grace period after providing a trusteeship. Federal Authority for Identity and Citizenship shall determine the period, which shall not exceed three months.
Abatement of judicial deportation:
A person who has been sentenced to deportation from the state may resort to the Public Prosecution to consider the revocation of the deportation order, indicating the reasons and documents supporting his application, and submit the same to the competent committee for decision.
what is the blacklist?
the blacklist includes the names of individuals prohibited to enter or leave the UAE due to committing a crime, their liability for civil rights or for being dangerous to the public security. Entering names in the blacklist or canceling names therefrom shall be based on a letter issued by the authorities concerned for the following categories:
Firstly: individuals banned from the entrance:
- Persons who previously committed crimes and ordered by the competent court to deport the country.
- Persons deported under administrative orders of Ministry of Interior according to Article 23 of law regarding entry and residence of foreigners.
- Persons whose activities are reported by International Criminal Cooperation Department
- Persons who were proved to be suffering from AIDS or other diseases that the Ministry of Health and Prevention deems dangerous to the public health
- Persons deported from the GCC countries for criminal reasons.
secondly: individuals banned from leaving:
- Every individual against whom an order is issued by the public prosecutor or its representative, regarding a case being investigated
- Every individual against whom an order is issued by a competent court, regarding a case being considered
- Any person liable for paying government funds, in which case, the leaving ban order will be issued by the competent Minister or his authorized representative.
lifting names from blacklist:
Individual names listed under a decision by Minister of Interior or his/her authorized representative according to article 23 of the law concerning entry and residence of foreigner nationals shall be removed by the decision of the Minister of Interior. however, individual names listed under an order by International Criminal Cooperation Department will be lifted in the same way of listing. and names of individuals banned from leaving the UAE can be lifted from the blacklist under written order by the Public Prosecutor or his/her representative after receiving written notice from the same entity which issued the ban order.