Types and reasons of deportation
There two types of deportation, legal and administrative. Legal deportation is issued under a court order, while administrative deportation is issued by Federal Identity and Citizenship Authority and lifted under an application to General Directorate of Residency and Foreigners’ Affairs in the related emirate.
Legal deportation is issued under a court order against a foreigner who is sentenced for a felony by a custodial punishment. Article 121 of Law No. 3 of 1987 on penal code, amended by virtue of Federal Law No. 34 of 2005, amended by virtue of Federal Decree-Law No. 7 of 2016 provides that a foreigner, who is sentenced for a felony by a custodial punishment or for crimes involving sexual assault, shall be deported from the State. In other misdemeanours, the court may order that he must be expelled from the country or that the expulsion be as an alternative penalty to the custodial punishment.
Administrative deportation is issued by Federal Identity and Citizenship Authority against a foreigner for the sake of public interest, public security or public morals. This type can be removed under an application to be submitted to General Directorate of Residency and Foreigners’ Affairs in the related emirate. According to the Ministerial Decision No. 360 of 1997, promulgating the executive regulation of Law No. 6 of 1973 on Entry and Residency of Foreigners, amended by Decree Law No. 17 of 2017, the federal public prosecutor or his legal representative and chairman of Federal Authority for Identity and Citizenship or his representative may issue a deportation order against a foreigner, even if he/she holds a valid entry permit or residency visa, if that deportation order is required for the sake of public interest, public security, public morals or public health, or if that foreigner does not have an apparent means of living. Order of deportation issued to a foreigner may include the members of his family, who depend on him for their living.
Note: according to Article 4 of the Federal Decree Law No. 3 of 2017, all jurisdictions and powers of Ministry of Interior in relation to nationality, passports and foreigners’ entry and residency is included in the enforceable laws, statutes and decisions, shall be conferred to the Federal Identity and Citizenship Authority (FICA). The FICA shall have the right to exercise such jurisdictions for the purpose of accomplishment of its objectives.
Grace period to settle interests of the deported person
If a foreigner against whom a deportation order has been issued has interests in the country that need to be settled, he shall be granted a grace period after providing a bail. Federal Authority for Identity and Citizenship shall define the duration of that grace period, which shall not exceed three months.
Lifting administrative deportation
A foreigner who has been deported administratively may not return to the country except with special permission from Ministry of Interior, as per Article 28 of Law No. 6 of 1973 on Entry and Residence of Foreigners.
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.
Lifting 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.
Blacklists and administrative lists
According to the Executive Regulation of Law No. 6 of 1973 on Entry and Residence of Foreigners, the blacklist includes the names of individuals prohibited to enter or leave the UAE due to committing a crime, their liability for civil rights or for being dangerous to the public security. Entering names in the blacklist or cancelling names therefrom shall be based on a letter issued by the authorities concerned for the following categories:
Individuals banned from entrance
Persons who previously committed crimes and ordered by the competent court to deport the country
Persons deported under administrative orders of Ministry of Interior according to Article 23 of Law No. 6 of 1973 on Entry and Residence of Foreigners
Persons whose activities are reported by International Criminal Cooperation Department
Persons who were proved to be suffering from AIDS or other diseases that Ministry of Health and Prevention deems dangerous to the public health
Persons deported from the GCC countries for criminal reasons.
Individuals banned from leaving
Every individual against whom an order is issued by the public prosecutor or its representative, regarding a case being investigated
Every individual against whom an order is issued by a competent court, regarding a case being considered
Any person liable for paying government funds, in which case, the leaving ban order will be issued by the competent Minister or his authorised representative.
The administrative list includes names of persons banned from entering the UAE due to cancellation of their residence visas and persons banned from leaving because of escaping from their sponsors. Administrative list includes the following:
Maids and other similar individuals, who cancelled their residence visas before expiration of their labour contracts
Persons who absconded from their sponsors and were reported to the police
Persons against whom an administrative deportation order was issued.
Authority for organising and updating lists
The Federal Department of Criminal Police in Ministry of Interior is responsible for preparing, organising and updating blacklists. The General Directorate of Residency and Foreigners’ Affairs is responsible for preparing, organising and updating the administrative lists.