What to Do if a Travel Ban or Deportation is Imposed in the UAE?

Many nations strive to protect individual freedoms through constitutions and international human rights treaties. However, complete, unrestricted freedom often proves impractical in a structured society. For instance, legal frameworks must sometimes curtail individual liberties, such as through travel bans or deportations, to ensure justice, public safety, and societal order.

Travel Bans in the UAE

Legal Basis:
Article 29 of the UAE Constitution guarantees residents freedom of movement, provided they comply with existing laws. A travel ban is a legal restriction imposed by authorities to prevent an individual from leaving or entering the country until specific legal, financial, or administrative issues are resolved.

While the UAE lacks a dedicated travel ban law, provisions in various federal laws outline the grounds and procedures for such restrictions. Notable examples include Federal Law No. 6 of 1972 on Immigration, amended by Ministerial Decree No. 83 of 2002, and other related regulations.

Grounds for a Travel Ban:

1. Non-compliance with Immigration Laws:
   • Illegal entry, overstaying a visa, or working without proper permits.
   • Quitting a job without proper resignation or canceling sponsorship.
2. Non-payment of Debts:
   • Travel bans may be issued to ensure debt recovery when creditors secure a court judgment. For example, bounced cheques exceeding AED 200,000 can lead to criminal complaints and subsequent travel restrictions.
3. Custody and Child Welfare Disputes:
   • Under Federal Law No. 28 of 2005 on Personal Status, guardians or foster parents can request travel bans to prevent unauthorized travel of minors.
4. Criminal Investigations:
   • Travel bans are automatically imposed on individuals involved in criminal cases until investigations or trials conclude.

Distinction Between Travel and Labor Bans:
A labor ban prohibits obtaining work permits for a set period but does not restrict entry or exit from the country. Travel bans, however, directly affect movement across borders.

Deportation in the UAE

Deportation is a legal action taken to expel non-nationals from the country, typically for reasons such as criminal offenses, immigration violations, or threats to public safety.

Types of Deportation:

1. Judicial Deportation:
   • Mandated by courts for severe offenses, such as felonies or crimes involving moral misconduct.
   • Governed by Federal Law No. 3 of 1987 on the Penal Code, allowing courts to impose deportation as a punishment or alternative to imprisonment.
2. Administrative Deportation:
   • Issued by the Federal Identity and Citizenship Authority (FICA) to protect public interest, health, or safety.
   • Applies even to individuals with valid residency visas.

Key Provisions:

• Deportation orders may extend to dependents of the affected individual.
• A grace period of up to three months may be granted for the deportee to resolve personal or professional matters.

Conclusion

While freedom is a fundamental right, it comes with responsibilities and legal obligations. In countries like the UAE, travel bans and deportations serve as mechanisms to uphold justice, maintain security, and ensure compliance with the law. Understanding these regulations is crucial for navigating legal systems and safeguarding one’s rights.

Lifting a Deportation Order

Re-entry After Deportation
Under Article 28 of Federal Law No. 6 of 1973 on the Entry and Residence of Foreigners, expatriates who have been deported are prohibited from re-entering the UAE unless they secure special permission from the Director of the Federal Identity and Citizenship Authority (FICA).

To apply for re-entry, individuals must submit:

1. Details of the deportation order, including reasons for deportation and consequences.
2. Proof of prior residency permits in the UAE.
3. A justification for re-entry, supported by relevant evidence.

Applications should be submitted to the Department of Naturalization and Residency Administration, which handles entry permits and visa requests. Additionally, expatriates may request the cancellation of a deportation order by submitting a detailed application, including supporting documents, to the Public Prosecution. The request will then be reviewed by a special committee.

Blacklisted Individuals

A travel ban or blacklisting occurs when individuals are deemed a threat to public safety, fail to fulfill civil obligations, or are involved in criminal activities. Blacklisted individuals are prohibited from entering the UAE unless their names are officially removed from the blacklist by the competent authority that issued the ban.

Administrative List

The administrative list includes individuals banned from entering the UAE due to visa cancellations or absconding from sponsors. This list typically covers:

• Domestic workers or maids whose residency visas were canceled before completing their labor contracts.
• Absconding individuals, reported to the police by their sponsors.
• Persons subjected to administrative deportation.

Removal from the Administrative List:
The Department of Entry and Residence Permits may remove names from the administrative list after one year from the individual’s departure or deportation, provided they meet specific conditions. For example:

1. Domestic workers who left the country after their visas were canceled.
2. Persons deported under Article 29 of the Foreigners’ Entry and Residency Law.
3. Individuals eligible under fines reduction regulations outlined in Ministerial Resolution No. 360 of 1997.

Government Responsibility

A country’s government holds the primary responsibility for protecting public safety and ensuring the welfare of its citizens. Travel bans and deportation orders are critical tools for addressing:

• Threats to public health and safety.
• Violations of immigration laws.
• Obstruction of justice.

Through these measures, the UAE ensures compliance with its laws and safeguards the interests of its people.