The Types And Reasons for Deportation

Deportation is a legal measure taken against foreigners in some countries, whether for judicial or administrative reasons. The types and reasons for deportation vary according to the applicable laws and regulations. In this article, we will discuss the types of deportation and their reasons according to UAE legislation.

Judicial Deportation:

Judicial deportation is issued based on a judicial verdict against a foreigner who has been sentenced with a penalty that restrict freedom due to committing a felony or misdemeanor. According to Article 121 of the Federal penal Law No. 3 of 1987, a foreigner can be deported if they have been sentenced with a penalty that restrict freedom due to committing a felony or misdemeanor, and the court can also order their deportation in certain other misdemeanors. Judicial deportation is implemented according to the applicable legislation in the country.

Reasons for Judicial Deportation:

• Issuance of a verdict imposing a restricted freedom penalty in a felony or misdemeanor against the foreigner.
• Committing crimes related to public decency.

Administrative Deportation:

Administrative deportation is issued by the Federal Authority for Identity and Citizenship based on considerations of public security, public interest, and public morals. According to Ministerial Decision No. 360 of 1997 and the Executive Regulation of Federal Law No. 6 of 1973 regarding the entry and residence of foreigners, the Federal Public Prosecutor or the competent authorities have the right to issue administrative deportation orders if it serves the public interest, public security, or public morals. A foreigner who has been administratively deported can submit a request to the Public Prosecution to review the deportation order.

Reasons for Administrative Deportation:

• Public Security Interest: When the administrative authorities have concerns about security threats posed by the presence of the foreigner in the country.
• Public Interest: For example, if the behavior of the foreigner contradicts the values and ethical principles of the Emirati society.
• Public Morals: In case the foreigner violates the restrictions and ethical and social requirements imposed in the country.

Grace period for Settling the Affairs of the Deported Individual:

In the event that the foreigner has interests in the country after the issuance of the deportation or expulsion order, they are given a grace period to settle those affairs. The duration of this period is determined according to the guidelines of the Federal Authority for Identity and Citizenship, and it shall not exceed three months.

Lists of Prohibited Entry and Exit from the Country

The Blacklist:

According to the Executive Regulation of Federal Law No. 6 of 1973 regarding the entry and residence of foreigners, the blacklist includes the names of individuals prohibited from entering or exiting the country due to their involvement in crimes, their pursuit in civil rights claims, or their threat to public security.

The inclusion and removal of names from the blacklist are based on a letter issued by the competent authorities, for the following categories:

Prohibited from Entry:

• Individuals who have been previously convicted and the competent court has ordered their deportation from the country.
• Individuals who have been administratively deported according to the orders issued by the Minister of Interior affairs, in accordance with the provisions of Article 23 of the Foreigners' Entry and Residence Law.
• Individuals whose activities have been reported by the Department of International Criminal Cooperation 
• Individuals who are proven to be infected with acquired immune deficiency syndrome (AIDS) or other diseases determined by the Ministry of Health and Community Protection and considered as a threat to public health.
• Individuals deported from the Gulf Cooperation Council (GCC) countries for criminal reasons.

Prohibited from Exit:

• Anyone against whom an order has been issued by the Public Prosecutor or their representative in the country in a case under investigation.
• Anyone against whom a written order has been issued by the competent court in a pending case.
• Anyone who has amounts due to the government and in this case, the prohibition order must be issued by the Minister or their authorized representative.

Removal of Deportation:

An administratively deported foreigner is prohibited from returning to the country based on Article 23 of the legislation. However, the foreigner can submit a request to the Public Prosecution to consider the removal of the deportation order.

Conclusion

UAE law includes various types of deportation, whether judicial or administrative, in order to maintain public security, public interest and morals. Foreigners living in the State must comply with domestic laws and regulations, otherwise they may face deportation procedures provided for in legislation.

In conclusion, foreigners living in the UAE must abide by domestic legislation and comply with regulations and laws related to residence and employment. The judicial and administrative system is obliged to take the necessary measures to maintain public security and the public interest in the State by implementing various types of deportation in accordance with the laws and legislation in force.

For further information or legal assistance please do not hesitate to contact us on he following number or email address: +97144221944 or reception@alsafarpartners.com - www.alsafarpartners.com.

Written By:

Ms. Mays Kabbani - Head of Criminal Practice at Al Safar and Partners Law Firm.