Deportation from UAE

There are three types of deportation in the UAE.

•  Immigration and passports deportation
•  Labour deportation
•  Criminal deportation

Immigration and passports deportation: For the first, we have to address the General Directorate of Residence and Foreigners Affairs to know the reason for the deportation and see if there is any possibility that an agreement can be reached.

Labour deportation: For the second, we have to address the Ministry of Labour to pay fines, if there are any, and to issue a new labour permit.

Criminal Deportation: For the third, we have to ask the judge or the public prosecutor for permission to enter the UAE via Dubai if the deportation was from Dubai, or we have to address the Ministry of Interior in Abu Dhabi, if the deportation was issued in that emirate. In both cases, you could enter the country after a legal settlement made in accordance with UAE law. However, if that settlement was refused there is no possibility of returning to the UAE.

Administrative deportation is issued by the Ministry of Interior and the bodies related to it, such as the General Directorate of Residency and Foreigners Affairs, the Ministry of Labour and others.

This measure is mainly aimed at maintaining high levels of security and it is issued against individuals who are thought to be a threat to public safety and welfare.

After any deportation, the name of the person concerned will be added to a banned list, so officials are aware of who is not allowed entry.

However, some individuals who have been deported, whether by a court’s order or due to a decision issued by the Ministry of Interior, have returned to the country illegally using forged passports.

The country is trying to curb the numbers of deported people who return illegally.

Dubai Police, for instance, holds several meetings a year with its international partners to find answers to this problem but the matter needs more cooperation from others, such as travel agencies and airlines. Their cooperation would contribute greatly to sterner checks on those applying for a visa or travelling to the country.

Once a deportation order is issued, it is final and infinite, but when someone is deported for an offence that does not pose a threat to the safety and stability of the country, they can appeal.

A person can apply for a mercy petition through the Ministry of Interior website or they can appoint a lawyer to submit the petition on their behalf.

In Dubai, there is a committee whose sole purpose is to deal with appeal applications submitted by deportees. The committee members study each case and give a decision on whether to cancel the deportation or not.

Most petitions are made in hope more than anything else, but I do know of several people who have submitted a petition and had their deportation lifted.

U.AE penal code changes allow immediate Deportation

New changes to the UAE penal code introduced allow for higher fines, harsher punishments and immediate deportation in some cases.

Under the new rules, expats can no longer escape deportation at the end of their sentence if found guilty of a crime. However, it will still be subject to the judge’s discretion for misdemeanor’s.

Deportation can also be immediate for certain cases, such as those found guilty of prostitution.

The maximum fine for those convicted of a crime has been increased from Dhs100,000 to Dhs1m and from Dhs30,000 to Dhs300,000 for misdemeanors.

The changes also increase the maximum fine for companies from Dhs50,000 to Dhs500,000,

Harsher fines are expected to deter crime in cases where the defendants believe they will be released by a pardon before serving their full jail sentence.

Other significant changes include an increase in the maximum sentence for undermining state security at times of war from 10 years to the death penalty.

Judges also now have the ability to issue community service rather than jail time for minor misdemeanours that would have carried a prison sentence of six months or less.

A section in the old laws listed acts allowing husbands to punish their wives and parents to punish their children within the limits of Sharia Law has also been removed.

An increase in assault cases filed by women and children is expected as a result.