Deportation

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DEPORTATION IN THE UAE

Deportation is a legal process that involves the removal of individuals from the United Arab Emirates (UAE) who have violated immigration laws or engaged in criminal activities. The UAE has strict immigration regulations and policies in place to safeguard national security, maintain social order, and protect the rights and well-being of its residents.

Deportation in the UAE is primarily governed by Federal Law No. 6 of 1973 concerning immigration and residence. This law sets out the grounds for deportation, including violations of immigration rules, overstaying visas, engaging in unauthorized employment, involvement in criminal activities, and posing a threat to public safety or national security.

When individuals are found to have violated these regulations, the UAE authorities may initiate deportation proceedings. The process typically involves administrative procedures, including investigation, detention, and legal proceedings. The individuals facing deportation have the right to present their case, seek legal representation, and appeal the decision within the framework of UAE law.

Deportation is carried out by the General Directorate of Residency and Foreigners Affairs (GDRFA) or other relevant authorities responsible for immigration and security. These authorities work in coordination with diplomatic missions and consulates to facilitate the safe and orderly return of individuals to their home countries. The UAE government is committed to upholding human rights and ensuring the dignified treatment of individuals during the deportation process. Efforts are made to provide necessary support, such as access to legal advice, consular services, and appropriate living conditions while awaiting deportation.

According to Article 121 of Law No. 3 of 1987 on penal code, amended by virtue of Federal Law No. 34 of 2005, amended by virtue of Federal Decree-Law No. 7 of 2016 provides that a foreigner, who is sentenced for a felony by a custodial punishment or for crimes involving sexual assault, shall be deported from the State. In other misdemeanours, the court may order that he must be expelled from the country or that the expulsion be as an alternative penalty to the custodial punishment. Furthermore, Article 325 of the Penal states that any person who misuses the standards of religious statement of faith and customs can also be charged for deportation.

The Executive Regulation of Law Number 6 of 1973 lays down that the blacklist contains individuals banned from entering or leaving the UAE due to committing a crime, their responsibility for civil rights, or being treacherous to public security.

There are two (2) categories: Individuals banned from entrance:

i. Persons who before committed a crime and ordered by the competent Court to deport the Country.

ii. Individuals deported under administrative instructions of the Ministry of Interior.

iii. Individuals whose activities are divulged by the International Criminal Cooperation Department.

iv. Individuals who were proved to be suffering from Acquired Immunodeficiency Syndrome (AIDS) or other illnesses that the Ministry of Health and Prevention considers risky to the public health.

v. Individuals deported from the Gulf Cooperation Council countries for criminal reasons.

Individuals banned from leaving:

i. Every person with an order issued by the public prosecutor or its representative regarding a case being examined.

ii. Every person with an order issued by a competent Court regarding a matter being discussed.

iii. Any person responsible for paying government funds, in which case, the leaving ban order, will be issued by the capable Minister or his official representative.

Deportation in the UAE is not solely punitive. It also serves as a mechanism for maintaining a well-regulated immigration system and addressing public safety concerns. By enforcing deportation measures, the UAE aims to discourage illegal immigration, protect its residents, and preserve the social and economic fabric of the country. Moreover, the UAE has established various channels for voluntary repatriation to assist individuals who wish to return to their home countries without facing deportation consequences.

These repatriation programs are designed to ensure a smooth and orderly process for those who have decided to leave the UAE voluntarily. Overall, deportation in the UAE is a legal process carried out to maintain national security, address immigration violations, and protect public safety.

The UAE government adheres to established procedures and respects the rights of individuals throughout the deportation process. By enforcing immigration regulations and combating illegal activities, the UAE strives to maintain social order, safeguard the well-being of its residents, and uphold its commitment to human rights.