The document outlines the deportation process in the UAE, highlighting the legal framework and the two categories of deportation: legal and administrative. It explains the grounds for deportation, the procedures to appeal deportation orders, and the implications of being blacklisted. The article emphasizes the importance of legal assistance for foreign nationals facing deportation issues.

1. UAE Deportation: What you must do in the
process
Author: Dr. Hassan Elhais
WHAT MUST YOU DO IF YOU ARE DEPORTED FROM UAE? UAE is a pool of legislation which
governs every aspect of citizens' life residing in the country, ensuring peace and harmony. With the presence
of numerous laws, individuals, particularly foreign nationals, must keep up with every law in order to be
eligible to stay in the country.
However, it may seem strenuous to understand several legal terms and their concept laid down under these
laws. One such term is 'Deportation' which is one of the reasons for ruckus among expatriates. The present
article, directly from the practical experience of Criminal Lawyers of Dubai, will discuss the varied reasons
for deportation in UAE.
Deportation is an authority granted to the government to order a foreign national to leave the country
immediately. An order for deportation can arise in several circumstances, and the most common include the
lack of legal right to stay in the country and secondly, upon committing a serious criminal offence in the
territory.
The deportation order is mostly considered as a punishment for those who fail to adhere to the laws of the
country in which they are residing. In almost all the countries, the order for deportation can only be passed
against foreign expatriates, and local citizens are exempted from such punishment. In order to preserve the
peaceful and secured status of UAE among other nations, UAE government strive to maintain such status by
promulgating strategies which can keep up high security and compliance among citizens. Deportation order
will be issued against any individual who will try to jeopardize the safety and welfare of citizens in UAE.
Categories of Deportation Legally, there are two categories of deportation practised in UAE which includes
legal deportation and administrative deportation. Wherein, the former is through an order of the court and
the latter is issued by the Federal Identity and Citizenship Authority. Legal Deportation Any order for
deportation issued by the competent court against any foreign expatriate who is charged with a crime
involving custodial punishment. Federal Law Number 3 of 1987 regarding UAE Penal Code as amended by
Federal Law Number 34 of 2005 and further amended by Federal Decree Number 7 of 2016, hereinafter
referred to as the Penal Code, provides for provisions under which any relevant court can pass a judgment
entailing a deportation order. Article 121 of the Penal Code, states that any foreign expatriate accused under
felony punishable with custodial punishment or any crime involving sexual assault shall be deported from
the country. In addition to this, in any offence of a misdemeanour, the court is empowered to expel the
accused from the country, and that expulsion will be treated as an alternative punishment for imprisonment.
Furthermore, pursuant to Article 325 of the Penal Code, any individual who violates the principles of
religious creeds and rites can also be charged for deportation, post serving the requisite penalty.
Administrative Deportation Federal Authority of Identity and Citizenship is recognized to order for
administrative deportation against a foreign national in lieu of public safety, security and morals.
However, this deportation can be removed by submitting an application before General Directorate of

2. Residency and Foreign Affairs in the respected Emirate. The legality of decision flows from Ministerial
Decision Number 360 of 1997 regarding the executive regulations of Law Number 6 of 1973 on the
residency of foreigners as amended.
The relevant Decision, authorizes the public prosecutor or his legal representative to issue an order for
deportation against an expatriate, even if she/he holds a valid resident visa or work permit, should that order
be passed in the interest and safety of the public at large. It is important to note that, any administrative order
for deportation passed by the relevant authority may also include deportation against the members of his
family, dependent on him. Additionally, Article 4 of Federal Decree Law Number 3 of 2017, Federal
Identity and Citizenship Authority possess powers in all jurisdictions in relation to matters pertaining to
nationality, passports, entry and exit of foreign nationals. The authority has the exclusive right to exercise
such authority in order to accomplish its objectives.
The law authorizing the Authority to pass an administrative deportation order simultaneously grant a grace
period post issuing bail to the foreigners who wish to settle the matter. The authority will define the period
within which he must resolve and which shall not exceed beyond three (3) months. Can the Deportation
order be lifted? An administrative deportation order can only be lifted if the foreigner seeks written
permission from Ministry of Interior, pursuant to Article 28 of Law Number 6 of 1973 regarding entry and
residence of foreign nationals. The foreigner shall submit the application before Naturalization and
Residency Administration authorized to receive such applications through legal representatives for entry
permits and visa. It is pertinent to highlight all the information regarding the previous residency permit,
reasons for deportation and circumstances occurred thereafter in the concerned application form. The
application shall also include justification for allowing re-entry in the country along with supporting
documentation.
On the other hand, if a foreign national is charged with legal deportation, he may submit a request before the
public prosecutor in lieu of cancelling the order passed against him. The application shall entail the reasons
for submitting such application along with the documents supporting his request. Upon receiving such
application, the public prosecutor will transfer the request to a special committee to pass a decision and
determine if the deportation order should be lifted or not.
It is always advisable to reach out to the best criminal lawyers in Dubai, who can assist in drafting such
application for either removing the administrative deportation or legal deportation, as these applications if
submitted properly, may lift the deportation order. What if Blacklisted? A foreign national will be
considered as blacklisted if he/she is restricted to enter or leave the country due to the offence committed by
him or any liability under civil law, as authorized under Executive Regulation of Law Number 6 of 1973.
Foreign nationals will be restricted to enter the country in any of the following circumstances: Who
committed crimes and were deported; Deported by Ministry of Interior; Whose activities have been recorded
in International Criminal Cooperation Department; Foreign nationals who were suffering from HIV AIDS;
Those who are deported by any country in GCC.
Whereas, individuals are restricted to leave the country if: If a criminal case has been registered against him;
If a criminal investigation is undertaken by the public prosecutor; Any person is liable to pay funds of UAE
government. An application for lifting the name from the blacklist shall be submitted in accordance with
Ministerial Resolution Number 360 of 1997 and Law Number 6 of 1973 on Entry and Residence of
foreigners, by the individuals who are restricted to enter the country.
Whereas, individuals must file an application either before the public prosecutor or the competent criminal
court in order to lift the name from the blacklist and to travel outside the country. In all the cases above, a
legal consultancy from UAE Law Firm is advised and suggested.
Related Links
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