What is deportation?
Deportation refers to the legal removal of a non-citizen from a country. In the UAE, deportation is a serious measure that applies to foreign nationals who commit certain offenses or are deemed a threat to public safety, security, or morals. The process is enforced under strict legal provisions and, once executed, can permanently bar the individual from re-entering the country unless an exemption is granted.There are two main types of deportation in the UAE:
- Judicial (Legal) Deportation
- Administrative Deportation
Each type is governed by different laws, authorities, and procedures, which determine whether a person is permanently expelled from the country, the possibility of return, and how appeals can be made.
Judicial deportation: Court-ordered expulsion based on criminal conviction
Judicial deportation is issued by a court after a foreign national is convicted of a crime. This type of deportation is governed by Article 121 of Federal Law No. 3 of 1987 (UAE Penal Code), as amended by Federal Law No. 34 of 2005 and further amended by Federal Decree-Law No. 7 of 2016.
- A foreign national must be deported if convicted of a felony (serious criminal offense) for which a custodial punishment (i.e., prison sentence) is imposed.
- Mandatory deportation also applies to crimes involving sexual assault or related offenses.
- In other misdemeanors (less serious offenses), the court has discretion to:
- Issue a deportation order
- Replace the prison term with deportation
- Allow the individual to remain, depending on the specific case
This means that for serious crimes like drug trafficking, rape, or violent assaults, deportation is not optional, it is automatically imposed by law. In contrast, for minor offenses such as bounced cheques or verbal disputes, the decision is up to the court’s assessment.
Administrative deportation: Authority-issued expulsion for public interest
Administrative deportation is not tied to a criminal conviction. It is executed by competent government bodies when a foreign national is deemed a threat to public safety, morals, or health, or lacks sufficient means of living.This type of deportation is issued under:
- Ministerial Decision No. 360 of 1997 (Executive Regulations of Law No. 6 of 1973 on Entry and Residency of Foreigners)
- As amended by
Decree Law No . 17 of 2017
Who has the power to order administrative deportation?
- The Federal Public Prosecutor or his legal representative
- The Chairman of the
Federal Authority for Identity, Citizenship, Customs and Ports Security (ICP ) or his authorized representative
Even if the foreign national holds a valid visa or residency permit, a deportation order may still be issued if deemed necessary for:
- Threats to public safety, public morals, public health, or national security
- Lack of apparent means of living
- Other discretionary reasons considered to be in the public interest
The deportation order may also include dependents of the individual, such as a spouse or children, if they rely on that person for financial support. Even minors can be deported under judicial deportation if deemed necessary by the court. For example, repeat juvenile offenders involved in theft or violence may face expulsion, particularly if their actions threaten public order.
Institutional authority: The role of ICP
Under Federal Decree Law No. 3 of 2017, all powers and responsibilities related to:
- Nationality
- Passports
- Entry and Residency of Foreigners
…originally under the Ministry of Interior, are now transferred to the Federal Authority for Identity and Citizenship (now known as ICP). The ICP exercises full legal jurisdiction to manage deportation cases, entry permits, and related matters as part of its national mandate.
Execution of deportation and financial obligations
Once a deportation order, judicial or administrative, is finalized:
- Once a person is deported, they are added to an electronic blacklist used by UAE immigration systems
- They are removed from the UAE, often after completing any prison sentence or paying a fine
- Illegal return, including attempts using false identities or forged passports, is a criminal offense and strictly monitored
- UAE law enforcement collaborates with international security partners, airlines, and travel agencies to prevent re-entry by blacklisted individuals
Expenses of deportation (As per Law by Decree):
According to Article 17, the Chairman of the Federal Authority may direct that deportation-related costs be recovered from:
- The deported person’s own funds, if available
- The employer, if in violation of labor or residency law
- Otherwise, the government (ICA) will cover the costs
Grace period for settling interests in the UAE
A deported individual may have business dealings, employment, properties, or family responsibilities that require time to resolve.Under the law:
- A grace period may be granted to settle personal or financial matters
- This is subject to the approval of the ICP
- The individual must submit a financial guarantee (bail)
- The maximum period allowed is three months
This window is not automatic, it must be requested and is considered on a case-by-case basis.
Can deportation be lifted or cancelled?
Yes. A foreigner who has been deported may, in certain cases, apply for special permission to return to the UAE. This applies to both judicial and administrative deportations, though not all applications are accepted.Legal Basis for Re-entry:
- Article 18 of Federal Law by Decree No. (29) of 2021 concerning Entry and Residence of Foreigners states:
A foreigner who has been deported may not return to the UAE unless he obtains special permission from the Chairman of the Federal Authority for Identity and Citizenship (ICP).
Application process:
- Submit a formal request to the naturalization and residency department of the relevant emirate
- Include:
- Details of past residency
- Reasons for original deportation
- Justifications for returning
- Changes in personal or legal circumstances
- Supporting documents (employment offers, family ties, rehabilitation records, etc.)
Alternatively, the individual may appoint a legal representative or lawyer to handle the process.
Dubai-specific process:
In Dubai, applications for lifting deportation can be submitted online via the Public Prosecution’s website. A special legal committee reviews each case and makes a decision based on:
- Severity of the original offense
- Whether the crime was intentional or first-time
- Applicant’s behavior before and after deportation
- Any new risks posed to public safety
There are no fixed requirements for what documents must be submitted, but stronger supporting evidence increases the chances of approval.Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. It provides an overview of the deportation process and related laws based on publicly available UAE legislation and official sources. While every effort has been made to ensure accuracy, there may be errors or misinterpretations. For specific legal guidance, please consult a qualified lawyer or legal professional. This content is for general awareness only.
