Unveiling the Legalities of Deportation in the UAE: A Comprehensive Guide

Legal deportation occurs when a court orders the removal of a foreigner convicted of a felony. Article 121 of Law No. 3 of 1987, amended by Federal Law No. 34 of 2005 and Federal Decree-Law No. 7 of 2016, mandates deportation for those sentenced to custodial punishment or crimes involving sexual assault. For other misdemeanours, the court may choose expulsion as an alternative penalty.

Administrative deportation is issued by the Federal Identity and Citizenship Authority (FICA) for reasons related to public interest, security, or morals. This type can be requested through the General Directorate of Residency and Foreigners' Affairs in the relevant emirate. Ministerial Decision No. 360 of 1997, amended by Decree Law No. 17 of 2017, allows the federal public prosecutor or FICA's chairman to order deportation even if the individual holds a valid visa.

Grace Period for Settling Interests

If a deported foreigner has interests in the country that need resolution, they may be granted a grace period after providing bail. The Federal Authority for Identity and Citizenship determines this period, which cannot exceed three months.

A foreigner who has been deported can only return with special permission from FICA's director general, as per Article 28 of Law No. 6 of 1973 on Entry and Residence of Foreigners. Applications must include details about previous residency permits, reasons for deportation, and any subsequent circumstances.

The Blacklist

The blacklist includes individuals prohibited from entering or leaving the UAE due to criminal activities or threats to public security. Names are added based on letters from concerned authorities for various categories such as those previously convicted or deported under administrative orders.

Individuals banned from leaving include those under investigation by the public prosecutor or ordered by a competent court. Additionally, persons liable for government funds may also face travel bans issued by authorised representatives.

Lifting Deportation Orders

A deported individual can apply to lift their deportation order through public prosecution by stating reasons and submitting supporting documents. A special committee reviews these applications. In Dubai, this process can be done online via the Public Prosecution's website.

Names on blacklists can be removed under specific conditions: decisions by competent courts follow procedures in articles 102-104 of Ministerial Resolution No. 360 of 1997; decisions by the Minister of Interior require similar ministerial approval; and orders from International Criminal Cooperation Department follow their listing procedures.

Administrative List

The administrative list includes names banned from entering due to cancelled residence visas or escaping sponsors. It covers domestic helpers who cancelled their visas before contract expiration and individuals reported to police for absconding.

The Federal Department of Criminal Police in the Ministry of Interior manages blacklists while the General Directorate of Residency and Foreigners' Affairs handles administrative lists.

Lifting Names from Lists

Names banned from leaving can be lifted with written orders from either the Public Prosecutor or competent courts after receiving notices from issuing entities. For those liable for government funds, lifting requires justification from concerned authorities and approval by the Minister of Interior or authorised representatives.

The Department of Entry and Residence Permits may remove names from administrative lists one year after departure if they were listed due to early visa cancellation or fines reduction regulations in Ministerial Resolution No. 360 of 1997.