How an individual can be deported while facing travel ban

Judge Ahmed Ibrahim Saif from Dubai Court

Judge Ahmed Ibrahim Saif said an individual is deported when the court issues an order of deportation against him and this rule becomes final and enforceable.

He added that if the accused has exhausted all appeals, as happens mostly in drug and sexual assault-related cases, it leads to deportation.

He pointed out that individuals are banned from travelling when any party fails to honour their commitment. For example, fails to pay debt to individual or bank.

In cases where the creditor opens a lawsuit against the debtor before the court, in such a case the creditor is entitled to request the judge to prevent the debtor from traveling.

He added that in case all the travel ban conditions were met (such as the fear of the debtor fleeing from the country), the judge may issue a ban to stop the debtor from traveling.

In such a scenario, the debtor’s passport is taken away and the name of the debtor is included on the travel ban list.

Special committee set up for such cases:

Judge Ahmed Ibrahim Saif disclosed that the Federal Committee and the local committee have faced such dilemma where the clauses of the Federal Procedures Act stressed on the establishment of a panel to adjudicate the problem.

Due to the presence of local courts in Dubai, in 2007 a new committee known as the Committee of Deportation and Travel Bans was established to deal with such cases.

He added that the committee consists of the chairman, two senior police officers and two judges.

He pointed out that the committee holds two monthly meetings and the second meeting is always set aside for decision-making.

The Committee intervenes when:

The committee intervenes after the person who has received both the orders completes his prison term and it is time for him/her to be deported.

In such a case, the sentenced person has to submit a petition to the prison administration and the matter is transferred to the committee for consideration.

The standards followed by the Committee:

There are legalities involved in the implementation of deportation if a creditor requests the imprisoned person to be banned from travelling.

The other conditions to be taken into account in such a situation is the value of the claimed amount and the extent of benefit to be accrued by allowing the person (debtor/accused) to stay on in the UAE.

Communication with the committee:

The prisoners communicate with the committee through the legal measures where they can submit a petition to the prison administration, then meet with members of the committee.

The meeting involves discussion on the possibility of making a settlement with the creditors to repay the debts, or through an agreement concluded between one of his siblings, and between the creditor.

Creditors not serious:
Judge Ahmed Ibrahim Saif disclosed, “Many of the creditors who opened files against the debtors to ban them from travelling are not serious in pursuing their claims.”

He added that while applying for travel bans, they submit documents which confirm their rights, but after receiving decision in their favor, they do not follow up on the necessary procedures.

He added these measures are there so that they can recover their money. In order to claim what is rightfully theirs, they need to open a file to recover their debt during a period of 8 days set by law, or open a file to implement the travel ban, within a period of 30 days specified by law from the date of issuance of the ban of travel.

He said that such negligence by the creditors compels the committee to support deportation of the accused.

Recommendations:

Judge appeals to Emiratis and residents to abide by the law and to communicate with the creditor, and attend the meetings of the civil cases filed against them, so as not to get tangled in a similar case

Philippines sets minimum salary for maids going to UAE

The Philippines has set tough terms for sending domestic workers to the UAE as is the case in Saudi Arabia, stipulating its maids must be paid not less than $400 a month and must have at least eight hours break every day.

The Philippine embassy in Abu Dhabi conveyed its government’s terms to private labour recruitment agents in the UAE during a recent meeting in the capital, warning that any agent violating those terms would be put on the blacklist.

Reacting to such a decision, UAE authorities said they would not accept such terms and stressed that domestic workers from any country must be recruited in accordance with the official work contract enforced by the UAE government.

Quoted participants in that meeting, the Arabic language daily Emirat Alyoum said the Philippine embassy told them they must abide by the new regulations or they would be boycotted and banned from handling domestic workers from the Philippines.

“The embassy set the minimum wage for a Philippine maid at $400 (Dh1,470) a month and told labour recruitment agents in the UAE that any office which does not comply with these rules would be completely boycotted,” the paper said.

It said the embassy asked those agents to notify it once a Philippine maid arrives in the UAE to take up a job so it will hand her the necessary documents.

“The embassy also stressed that employers must provide a separate room for the maid and that she must have a daily break of at least eight hours.

"It also stressed that the maid should not be assigned any work outside her employer’s residence which is listed in the job contract and that the employer must allow her to contact the embassy or her family at home at any time,” the paper said.

Other conditions include that employers are not allowed to renew the maid’s contract or transfer her sponsorship to any other employer without a prior consent by the embassy.

“Sponsors violating those terms will be subject to penalties defined in the laws governing the hiring of Philippine domestic workers,” it said. “In case they refuse to pay her the salary set in the new contract, the maid will be deported to her country.”

According to Emirat Alyoum, the maid must be aged between 18 and 23 years and any company violating that limit would be blacklisted.

“Any agreement signed by a foreign embassy in the UAE is not legal,” the paper said, quoting Major General Nassir al Minhali, UAE interior ministry assistant undersecretary for naturalization and residence affairs.

“The ministry of interior has a unified job contract for domestic workers coming to the UAE with well defined terms and duties. It guarantees the rights of the employers and the employees…we have not set any wage for domestic workers and any otherwise agreement will not be binding for any one.”

The Philippines, one of the largest domestic workers suppliers to the oil-rich Gulf, has been locked in negotiations with Saudi Arabia to enforce similar terms for its maids working in the Gulf Kingdom. The negotiations followed a decision by Manila to halt the travel of its domestic workers to Saudi Arabia two years ago.

Illegal residents will be granted exit permits to leave the country — with all fines waived

Thousands of illegal immigrants are expected to flock to centers across the country as the 60-day visa amnesty begins on today.

Violators of the country’s residency law can visit a centre in each Emirate to start the departure process — which will see them leave the country with no ban or overstaying fines to pay.

General Directorate of Residency and Foreigner Affairs (GDRFA) officials confirmed illegal residents will be granted exit permits to leave the country — with all fines waived — upon visiting one of the 10 centres across the country.

Those applying for amnesty will have fingerprints and iris scans taken to ensure there are no pending criminal cases against them.

“The amnesty will start today and will last for 60 days, giving time for all illegal residents and visitors to leave the country without penalties,” officials said.

Last month Gulf News reported how Major General Nasser Awadi Al Menhali, assistant undersecretary for Naturalisation, Residency and Ports Affairs, announced the amnesty, detailing how illegal residents will be allowed to leave the UAE without penalty.

As many as 342,000 illegal immigrants took advantage of the last amnesty declared in 2007.

Around 300,000 illegal immigrants left the country under the second amnesty which ran between January and April, 2002.

In 1996, about 200,000 illegal residents left the country under a six-month amnesty.

Residency law violators should take their passport and an air ticket to their home country to any of the 10 amnesty centres across the emirates.

Officials have emphasised there is no need to approach the residency department where the original residency or visit visa was issued.

Those without passports — if they have been lost or stolen — will receive assistance from the residency department to obtain out-passes from their consulates or embassies.

Anyone with outstanding absconding cases against them, where their passport is held at a residency department, will be given back their passport in order to leave the country.

In cases where violators cannot afford an air ticket, they will receive support either in the form of liquidating their bank guarantee deposited at the Ministry of Labour, or where no guarantee exists, they will be helped by the authority on humanitarian grounds.

An official added: “For those violators who wish to stay in the UAE but who have allowed their residency to expire, overstaying fines must be paid in order to legalise residency status.”

In Dubai, those wishing to take advantage of the amnesty grace period can approach the Directorate to follow up on violations and foreigner affairs in Al Aweer from 8am until 8pm, except during holidays.

Colonel Mohammad Alwan, director of the GDRFA in Ajman, told Gulf News illegal residents in Ajman can approach the centre in Al Jurf area — close to the Directorate of Residency and Foreigners Affairs where a special tent has been set up.

Brigadier Dr Abdullah Sahoo, director of the General Directorate of Residency and Foreigners Affairs in Sharjah, said: “In order for illegal immigrants to have their exit permits issued, they can approach the Sharjah residency department headquarters in Al Jawazat Area.

“They need to bring an air ticket, passport or out-passes from their consulates.”

People wishing to take advantage of the amnesty can call the toll free number, 800 5111, for enquiries and information on the required documents and how to apply.

Indian expatriates can avail upcoming amnesty through 14 outsourced service centres of the Indian missions

Indian expatriates wishing to avail of the benefit of the upcoming amnesty in the UAE will be facilitated through 14 outsourced service centres of the Indian missions.

The announcement was made by the Indian Embassy in Abu Dhabi on Tuesday.

The passport and visa service centres run by BLS International will collect the applications for the emergency travel certificate known as ‘outpass’, with several centres located across various emirates.

These centres will accept outpass applications during normal working hours from 8am to 6.30pm during the amnesty period of December 4 to February 3, 2013.

Those who have valid passports may approach local immigration authorities directly for regularisation of stay or exit formalities, the embassy said. Applicants for outpass will need to pay Dh60 for the emergency certificate plus Dh9 as BLS service charge. They can also avail of value added services such as typing, filling of forms, dispatch etc at the BLS centres by paying added administrative fees.

Indian Ambassador to the UAE, M.K. Lokesh, said those who want to get use of passport services can start approaching the BLS centres from today. “It is better if they start earlier though we are not anticipating any delay in providing the services. However, they need to wait till December 4 for outpass services through BLS,” he told Khaleej Times.

The envoy said the service of the Indian associations and community groups, which used to facilitate the outpass services in the previous amnesties, would be channeled for assisting the applicants to complete the formalities after they secure the outpasses.

The ambassador said the missions will also request airline authorities to give special consideration to the amnesty seekers.

Community groups like Indian Association Sharjah and Kerala Muslim Cultural Centre (KMCC) have already announced plans to support the missions in facilitating the amnesty procedures. The KMCC said it would also work with an Indian developer to assist the rehabilitation of amnesty seekers returning to Kerala.

Meanwhile, the Kerala government is sending an official delegation to the UAE to assist the Keralites seeking amnesty.

The embassy said that applicants must attach valid proof of identity with their outpass applications. This can include passport and visa copies or passport details. In case applicants do not have either a passport copy or passport details, they can submit a voter identity card, a ration card with photograph, Indian driving licence or a nativity certificate issued by their district collector or superintendent of police forwarded directly to the embassy or the consulate in Dubai.

UAE Ministry of Interior prepared 10 fully equipped centres to receive violators of the Law of Entry and Residence of Foreigners

The Ministry of Interior has prepared 10 fully equipped centres to receive violators of the Law of Entry and Residence of Foreigners who want to take advantage of the amnesty from December 4 until February 4, 2013.
Director-General of Residency and Foreigners Affairs in Sharjah, Abdullah Ali Saeed Bin Sahoo, who is also chairman of the Media Committee for the campaign “No to Violators” urges those who are violating the residency law to take advantage of the grace period set by the state to regularise their legal status and residency permits or exit the country if needed.
Bin Sahoo also said that violators should not postpone visiting the centres, but should immediately start the procedure to avoid any penalties.
The amnesty will apply to those who have lived here with proper visas but whose papers are expired, and will allow violators to leave without penalty, and will have their fines and exit fees waived.
“Illegal residents who overstayed their visas can visit residency departments across the UAE to obtain outpasses and leave the country without penalties, or regularise their visas, after payment of fines between December 4 and February 3,” said Major General Nasser Awadi Al Menhali, assistant undersecretary for Naturalisation, Residency and Ports Affairs.
Raising awareness
In efforts to spread awareness about the amnesty, several embassies have also issued statements in the past month encouraging those who are living here illegally to come forward and take advantage of the opportunity.
Indian ambassador to the UAE M.K. Lokesh told that the embassy will make all necessary arrangements to make Indian workers illegally living here aware of the procedures of the amnesty and will ensure that they receive their applications for outpasses.
During the past amnesty periods, the Indian embassy in Abu Dhabi and the consulate in Dubai made arrangements, with Indian community organisations, to help illegal workers process their applications.
Along with the Indian Embassy, the Pakistani, Bangladesh, Filipino, and Sri Lankan embassies have also offered their help with issuing outpasses to citizens in their communities. They have also offered to provide help with their legal documents.