UAE deportation laws you need to know
Under the UAE law, there are two types of deportation - legal and administrative.
The UAE deals strictly with those involved in crimes like drug dealing, sexual assault and violence, calling for a swift and automatic deportation from the country.
Khaleej Times takes a look at the deportation laws in the UAE which can eject those who pose a threat to public safety and welfare. Under the UAE law, there are two types of deportation - legal and administrative.
1.) Legal deportation
Legal deportation is issued under a court order against a foreigner who is sentenced for a felony by a custodial punishment. According to UAE Criminal Code Article 121, legal deportation is mandatory in crimes such as sexual assault. The court may order that the person who committed the crime must be expelled from the country or that the expulsion be as an alternative penalty to the custodial punishment.
Also read: UAE visa guide
How to remove legal deportation?
A foreigner against whom a legal deportation order is issued may apply to the public prosecution to cancel the deportation order. He/she may state reasons for his application and submit supporting documents. The application is sent to a special committee to take a decision on lifting the deportation order. In Dubai, you can apply online to cancel deportation via the website of Public Prosecution.
2.) Administrative deportation
This type of deportation is issued by Federal Identity and Citizenship Authority against an expat for the sake of public interest, public security or public morals. Administrative deportation can be removed under an application to General Directorate of Residency and Foreigners' Affairs in the related emirate.
According to the Ministerial Decision No. 360 of 1997, administrative deportation order can be issued against an expat if it is mandatory for the sake of public interest, security, morals or public health. It is issued by the federal public prosecutor or his legal representative and chairman of Federal Authority for Identity and Citizenship or his representative against a foreigner who does not have an apparent means of living. This may include the members of his family, who depend on him for their living.
3-month grace period
If a foreigner, who has been ordered deportation, has interests in the country that need to be settled then he shall be granted a grace period after providing a bail. The duration of that grace period, which shall not exceed three months.
How to remove legal deportation?
As per Article 28 of Law No. 6 of 1973 on Entry and Residence of Foreigners, a foreigner who has been deported administratively may not return to the country except with special permission from Ministry of Interior.
The application for obtaining the special permit referred to above shall be submitted to the naturalisation and residency administration concerned with receiving the applications for entry permits and visas, provided that the application shall contain all information related to the previous residency permits, the reasons for deportation, and circumstances which occurred thereafter. Justifications for entry may be mentioned in the application, supported with documents and necessary evidence.
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