Travel Ban in UAE: All you need to know
Posted by Dr. Hassan Elhais on December 21st, 2020
"The freedom of movement and residence will be granted within limits of laws" quotes from Article 29 of the UAE constitution offers freedom and simultaneously curtail it on the basis of law. It implies that everyone enjoys the freedom to travel inside and outside the country unless specifically objected to by law through a travel ban.
The notion of travel ban or deportation is used common parlance in UAE and can be imposed on various grounds such as, as a consequence of a criminal act, violating immigration laws, unpaid debts, under a civil claim. The concerned article, by Criminal Lawyers in Dubai, intends to guide the readers in comprehending the laws pertaining to a travel ban in UAE, the procedure for removing a travel ban in UAE, and other similar points.
In legal terms travel ban is a restriction on ongoing freedom of movement or prohibiting a particular individual from entering, re-entering, or exiting the country. The travel ban so issued by the government of UAE restricts the individual to cross the border through any means of transport. As mentioned above, a travel ban can be caused through a variety of claims and complaints and some of these claims arose due to legal implications or due to immigration. A travel ban is distinctly different from a labour ban or an arrest warrant, and the difference is highlighted below:
An arrest warrant under criminal law is issued if the public prosecutor has sufficient evidence of his guilt, whereas, under the Civil Law, the arrest warrant can be issued by a judge of Execution court, should the debtor fails to submit the claim which is more than AED 10,000. Ergo, the objective of an arrest warrant is entirely different from that of the travel ban, as, in an arrest warrant, the accused is kept in custody until the happening of a specific event, whereas, the travel ban does not let the person enter or exit the country permanently until specifically removed.
In the case of a travel ban, the accused will not be allowed to cross the border or enter UAE, however, it does not mean that he will be detained at the airport unless specifically mentioned by the court or competent authority. All the arrest warrants entail travel ban, but all the travel ban does not require an arrest warrant.
UAE Laws on Travel Ban
The legislature of UAE does not involve a particular law designated to issues pertaining to a travel ban and the procedure for its removal.
However, its existence is evident from various federal laws of UAE. Accordingly, 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 categories under which an expatriate cannot enter or exit the country.
The preceding list is defined under Article 94 of the Decree as follows:
Individuals restricted from entering the country:
Individuals who are restricted to leave the country:
Reasons and Removal of Travel Ban
Although UAE does not have a specific legislature for a travel ban, foreign expatriates can still face travel bans on several grounds which is broadly classified under the following groups along with a procedure to remove the ban, subject to the discretion of the UAE government:
Procedure for removal
The bans are issued automatically by a competent authority and can be extended for a lifetime. This ban can be imposed if requested by one party like the employer, and the competent authority declares the employee as absconding and imposes a permanent travel ban. The accused can submit an application before the immigration authority for the removal of the travel ban. However, it is advised to seek legal representation from Criminal Lawyers in Dubai for the removal of such a ban.
Procedure for Removal
A ban in a criminal offence remains in force until the period of investigation, trial, and judgment of the criminal case. In such circumstances, the accused can submit a complaint before the competent court and can request bail, however, it is pertinent to note that under a travel ban of a criminal offence, the accused can submit an application for bail and can be released from the police custody, however, will not be allowed to travel until the final judgment.
Procedure for Removal
The procedure for this travel ban is completed within 24 hours from the time of applying. In such circumstances, the relevant parent can apply for the removal of the travel ban on the child with strong reasons. Thus, it is always advised to seek legal representations to convince the court for such motion.
Careful Comparison between Deportation and Travel Ban
One of the most significant differences between the travel ban and deportation is the interest of the parties wherein; travel ban is imposed to protect the individual interest, whereas, deportation is imposed in the interest of the public at large. The annulment of a deportation order is though difficult, however, not impossible as under Article 132 of the UAE Penal Code, the deportation order can be lifted upon the request of the relevant authority.
Another issue which has been resolved by the Civil Procedure Law is regarding a situation in which a person having a deportation order holds a travel ban as well. In such cases, an ad hoc committee will be established which will decide the merit of the case. Also, if sufficient evidence for his outstanding dues has been submitted, the deportation order might be put on hold.
In any case, if you have a suspicion that a travel ban has been imposed on you in UAE, it is advisable to contact a Best Lawyers of Dubai and to conduct a check on your legal status before visiting UAE.
Article by: Dr. Hassan Elhais, a legal consultant in Dubai, specializing in the drafting of all statements of claim, memos, and consultation on litigation of all manner.
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About the AuthorDr. Hassan Elhais
Joined: December 20th, 2020
Articles Posted: 281
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