Legal Overview on Deportation in UAE

20 Apr 2022

In the airports of Abu Dhabi and Dubai, between 200-300 illegal immigrants are taken every day. Most illegals are from Afghanistan, Pakistan, Iran, Bangladesh, and India. They are deported immediately. Deportation is the action of obliging someone to leave a country because he/she has not a legal right to be there or he/she has broken the law. In the UAE commit crimes such as sexual assault, violence, and drug dealing by an expatriate can carry an automatic deportation order. This is to guarantee security in the country. Two types of deportation in the UAE are legal deportation and administrative deportation. 


1. Legal deportation

It is issued under a Court order against a foreigner who is condemned for a felony by a custodial punishment. Federal Decree Law Number 7 of 2016 on article 121 lays down that a foreigner, who is sentenced for a felony by custodial sentence or for crimes involving sexual assault, must be deported from the UAE. Furthermore, Article 325 of the Penal states that any person who misuses the standards of religious statement of faith and customs can also be charged for deportation. The Executive Regulation of Law Number 6 of 1973 lays down that the blacklist contains individuals banned from entering or leaving the UAE due to committing a crime, their responsibility for civil rights, or being treacherous to public security. There are two (2) categories:


Individuals banned from entrance:

i. Persons who before committed a crime and ordered by the competent Court to deport the Country.

ii. Individuals deported under administrative instructions of the Ministry of Interior.

iii. Individuals whose activities are divulged by the International Criminal Cooperation Department.

iv. Individuals who were proved to be suffering from Acquired Immunodeficiency Syndrome (AIDS) or other illnesses that the Ministry of Health and Prevention considers risky to the public health. 

v. Individuals deported from the Gulf Cooperation Council countries for criminal reasons.


Individuals banned from leaving:

i. Every person with an order issued by the public prosecutor or its representative regarding a case being examined.

ii. Every person with an order issued by a competent Court regarding a matter being discussed. iii. Any person responsible for paying government funds, in which case, the leaving ban order, will be issued by the capable Minister or his official representative. 


To delete the name in the blacklists, the following conditions must be met:

Individuals banned from entrance:

i. The provisions in articles 102-104 of The Ministerial Resolution Number 360 of 1997 must be completed for persons listed under a competent Court Decision to remove them to the blacklist. ii. Related individuals listed by the Minister of Interior (Article 23-Law Number 6 of 1973) will be lifted under a verdict issued by the same Minister. 

iii. If the International Criminal Cooperation department lists the person, the person will be lifted in the same way of listing.


Individuals banned from leaving:

i. A person forbidden from leaving the UAE can be removed from the blacklist UNDER A WRITTEN ORDER BY THE Public Prosecutor subsequently receiving written notice from the same entity which delivered the ban order.

ii. A person banned from leaving the UAE under a competent court decision can be removed from the blacklist by a written order from the same Court. 

iii. A person liable for paying government funds will be removed from the blacklist by a written order from the authority concerned expressing explanations and motives.


2. Administrative deportation:

It is issued by the Federal Identity and Citizenship Authority (FICA) against a foreigner for the public interest, public security, or public morals. The ministerial Decision Number 260 of 1997, promulgating the executive regulation of Law Number 6 of 1973 concerning the entry and Residency of foreigners (amended by decree Law Number 17 of 2017), established that the federal public prosecutor and chairman of FICA could issue a deportation order against a foreigner to preserve the public security and public moral. Concerning the administrative list, this one contains the names of persons banned from entering the UAE to cancel their residence visa and individuals prohibited from leaving the Country escaping from their sponsors.

The administrative list includes the following persons:

I. Maids who canceled their residence visas previously expired their labor contracts.

II. Persons who escaped from their sponsors and were reported to the police. 

III. Individuals against whom an administrative deportation order proceeded. To remove the names in the administrative list, the Department of Entry and Residence Permits can remove it after one year from their leave or deportation from the UAE. 

Once the foreigner is deported, he/she cannot return to the Country. Still, according to article 28 of Law number 6 of 1973, it will be possible with special permission from the director-general of FICA. The application must be submitted to the naturalization and residency administration concerned with receiving the applications for entry permits and visas to get the permission. In conclusion, those with no legal travel documents are supported in getting out passes from their embassies. All convicts are allowed to contact friends and relatives to arrange air tickets, and if the person does not have friends or family, the Ministry will examine each case and provide tickets for their deportation. The procedure will take approximately fifteen (15) days. Recently, with the Ministry of Interior’s new rules, the illegal residents face immediate deportation when they are caught; previously, the illegal immigrants faced a two-month prison term before the deportation. To know more about deportation you can contact our team at Fotis International.