In legal Parlance, a travel ban is a restriction on an individual from entering, exiting, or re-entering the country. The person against whom such a ban is imposed, can’t cross the border through any means of transport.
In the UAE legislature, there is no special law governing the travel ban. However, it derives its authority from Article 29 of the UAE Constitution. As per this Article, the freedom of movement and residence will be granted within the ambit of law. So, on one side, this Article provides freedom to travel outside and inside the country, but on the other side, it also places restrictions, if a person violates the law of the country.
The provisions pertaining to travel bans are also provided under other Federal laws of the UAE. Article 94 of the Federal Law Number 6 of 1972 regarding the Immigration law, and an amendment through Ministerial Decree Number 83 of 2002 provides a non-exhaustive list of conditions whereby an individual can’t enter or exit the country.
The individuals which are restricted from entering the country are-
1). Against whom a criminal complaint has been filed;
2). Who has been deported through an administrative or legal order;
3). Who has been expelled or serving a travel ban from GCC Countries;
4). Anyone who is indulged in activities reported by Interpol.
5).Who is suffering from a disease which is hazardous for the public at large.
As per the list, the individuals who are restricted to leave the country are-
1). A person who is subject to ongoing investigation, and a travel ban has been imposed by a public prosecutor.
2). Anyone who is banned by the UAE civil or criminal Court.
3). A person who defaulted in payment of debt of the UAE Government.
In addition to the aforesaid, the individuals who infringe the immigration laws of the country may also be subject to a travel ban. The main grounds behind imposing the ban in this category includes, working without a valid permit, overstating on the visa, and illegally entering the country.
Furthermore, in accordance with the Article 329 and 330 of the UAE Civil Code, a creditor is empowered to make an application before the court with a request to impose a travel ban on its debtor. However, this provision shall apply only when the outstanding debt exceeds AED 10,000, and it appears that the debtor might abscond from the country.
If a person is charged with a criminal offense, a travel ban automatically comes into force and continues till a judgement is passed. The impugned person may file an application for bail, but it is pertinent to note that the bail doesn’t free him/her from the travel ban.
Moreover, Federal Law Number 28 of 2005 concerning the Personal Status Law provides that the Guardian can also request the court to impose a travel ban on the child. The procedure pertaining to it are normally completed in 24 hours, but it requires very strong reasons to convince the court to put a travel ban on the child.
A travel ban can severely impact one’s life, so if a travel ban has been imposed on you in the UAE, it is highly advisable to contact a lawyer.