With each passing year, the numerical strength of foreign nationals in UAE is increasing owing to the various benefits offered by it. However, it is imperative to keep a check on all the foreigners in order to maintain peace, harmony, and lawfulness in the country. Thus, the “deportation” mechanism is used by the government to punish those who jeopardize the interest of the country or fail to adhere to the laws framed therein.
The deportation is an expulsion or a evacuation order for a foreign national to leave this country immediately. There can be various reasons for deportation, including disregarding UAE migration laws or indulging in grave criminal offenses. The core belief governing deportation is that the person who blatantly conflicts the law doesn’t deserve to stay in that country, and should be sent back to the place where he came from.
In the UAE, there are two procedures for deportation. One is legal Deporting whereas the other is administrative.
Legal Deportation
In this process, the court issues an order of deportation. Article 121 of the Federal Law Number 3 of 1987 regarding UAE Penal Code enables the court to pass a deportation order if any foreign expatriate is accused under felony punishable with custodial punishment, or any crime relating to sexual assault. As per Article 325 of the penal code, any individual who violates the principle of religious rites and creeds can be deported from the country. Further, the offense of misdemeanor can also be punished with deportation along with the imprisonment as provided under the penal code.
Administrative Deportation
In pursuance of Article 4 of the Federal Decree Law No. 3 of 2017, the Federal Identity and Citizenship Authority (FICA) is the principal authority governing all the administrative deportation in UAE. It can pass an expulsion order against a foreign individual on the grounds, namely, Public security, safety, and societal interest.
Grace Period
After the issuance of a deportation order, if the foreigner, against whom such an order is passed, has some interest in the UAE that needs to be settled, then he shall be granted a grace period by the FICA, which should not exceed 3 months.
Lifting of Deportation order
In case of legal Deportation, the impugned foreigner can submit a detailed application requesting the public prosecutor to cancel or revoke the order against him. The prosecutor will transfer this request to a special committee, which will determine whether this order should be lifted or not.
On the other hand, for lifting an administrative order, the impugned foreigner need to seek written permission from the Ministry of Interior, pursuant to Article 28 of Law Number 6 of 1973 regarding entry and residence of foreign nationals. He needs to deposit an application form, including all the details regarding residency permit, reasons for deportation and justification for lifting the order.
So, it is advisable for every foreigner to comply with the laws of the country and if they are subject to a deportation order, then they should seek legal advice forthwith to minimise the damage.