Lifting ban after pneumonia scars mistaken for TB

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Lifting ban after pneumonia scars mistaken for TB

Valid health report from home country could help lift lifetime ban.

By Ashish Mehta

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Published: Wed 9 Mar 2016, 4:27 PM

Last updated: Thu 10 Mar 2016, 8:18 AM

How can a medical ban be lifted? My wife had pneumonia a few years back, which left a scar on her lungs. I had to send her to India since she got a lifetime ban. Please advise.
Pursuant to your question, it may be noted that the Ministry of Health may have treated the pneumonia scar as the tuberculosis scar upon X-ray revelation of chest. The relevant provisions of the Ministerial Order No. 28 of 2010 and the Federal Law No. 7/2008 specifically state that applications for new visas for persons with a previous record of having suffered tuberculosis or presently suffering from the disease are considered unfit by law for further processing.
Pursuant to this, all individuals seeking a residence/employment visa in the UAE are required to undergo a compulsory medical examination. It may be noted that the reports of the medical examination are carefully scrutinised on a case to case basis. In cases where scars are found on the lungs of an applicant, the reports are further examined for incidence of tuberculosis or any other past or current diseases the applicant had. Subsequently, the individuals confirmed to having suffered from tuberculosis on a previous occasion are imposed a lifetime ban.
In view of the foregoing, it may be noted that an immigration ban imposed on a person having previously suffered from tuberculosis may not be lifted subsequently. Since your wife's scar in lung is related to pneumonia and not tuberculosis it is advised you that you may approach the relevant health authority of repute in India and obtain a medical report stating the scar on lungs of your wife is related to previous illness of pneumonia. The same document should be legalised by the authorities concerned in India and the UAE embassy of India and subsequently the same needs to be attested by the Ministry of Foreign Affairs, UAE.
The said certification may support your case in seeking a lifting of the lifetime ban. The Ministry of Health may scrutinise this report and may lift this ban if they are satisfied by this report.
However, you may contact the Ministry of Health and the office of the General Directorate of Residency and Foreigners' Affairs for any further queries that you may have in this regard.
How to get out of legal fix posed by credit card debts
What are the legal options if credit card payments have not been made and the case is referred to a court? Once the person concerned gets a clearance paper from court and pays the fine amount, will he/she be cleared from the blacklist? Can the bank still call him and threaten for payment?
We understand that your queries are related to non-payment of credit card dues and consequences thereafter as a defaulting customer in case the bank files a criminal complaint against you.
It is a standard practice for banks here in the UAE to obtain a cheque, as a security, from its customer covering the total credit facility granted on the credit card, at the time of issuance of a credit card to its customers. In case of default of credit card payments by its customer, the banks may deposit the said security cheque after serving several oral and written reminders to its customer. Upon dishonour of this cheque, the bank will initiate a criminal compliant against its customer.
It should be noted that pursuant to a default in non-payment of amount due to the bank by the holder of a credit card, the bank might initiate criminal and/or civil legal action against the holder of the credit card. Pursuant to a criminal case filed by the bank against the person who has signed the cheque, the court may issue a judgment against the signatory of the cheque in accordance with the Article 401 of Federal Law No. 3 of 1987 regarding the Issuance of Penal Code, which states, "Detention or a fine shall be imposed upon anyone who, in bad faith, gives a draft (cheque) without a sufficient and drawable balance or who, after giving a cheque, withdraws all or part of the balance, making the balance insufficient for settlement of the cheque, or if he orders a drawee not to cash a cheque or makes or signs the cheque in a manner that prevents it from being cashed. The same penalty shall apply to any one who endorses a cheque in favour of another or gives him a bearer draft, knowing that there is no sufficient balance to honour the cheque or that it is not drawable."
In case of a criminal complaint filed by the bank, a restriction will be imposed on the signatory of the cheque from travelling out of the UAE. Similarly in the event the bank files a civil case against a cardholder, it may seek an order from the court to impose a restriction on the cardholder to travel out of the UAE.
Upon payment of the outstanding amount to the bank, preferably before the court pronounces the final judgment, the accused may obtain a clearance letter from the bank and/or the court and thereafter the accused is at liberty to freely travel in and out of the UAE.
The black listing and or travel ban cannot be lifted by the immigration department until the bank or the Court provides a written letter to the General Directorate of Residency and Foreigners' Affairs that the customer's name can be removed from the black list including lifting of the travel ban.
The bank can always call you to follow up on the payment of dues. On what basis do you consider this follow up as a threat?
However, a defaulting customer of the bank should not issue a cheque to the bank without writing an amount on this cheque as banks are prohibited to obtain such a cheque in accordance with Article 15 (b) of Central Bank of UAE Regulation No. 29/2011 related to "Regulations Regarding Bank Loans & Services Offered to Individual Customers' which states, "Banks and finance companies are prohibited from taking blank cheques for granting loans or overdraft facilities, or for issuing credit cards."
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

KNOW THE LAW
Individuals confirmed to having suffered from tuberculosis on a previous occasion or suffering from the disease are considered unfit to live in UAE.



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