How is the Travel Ban Imposed in the UAE in Terms of Financial Matters?
Posted by Dr. Hassan Elhais on June 15th, 2022
and prohibiting an individual who is outside the country to enter or re-enter the country.
The UAE courts enforce travel ban on several grounds, such as violation of immigration laws, having unpaid debts, or under personal status law matters. One of the most common reasons for a travel ban being issued is because of debts that are unpaid.
While there is no specific law which comprehensively deals with all kinds of travel ban and the procedures for execution of travel bans, a foreigner in UAE could face travel ban in case of outstanding debt. This is explained below.
The applicable law governing the procedure for recovering debt through court is set out in the Federal Law No. 11 of 1992 (UAE Civil Procedure Code) read with the Cabinet Decision No. 57 of 2018 as amended from time to time (Cabinet Decision).
Procedure of Travel Ban for Unpaid Debts
Under the UAE Civil Procedure Code read with the Cabinet Decision, if a creditor has serious concerns that the debtor will escape, the creditor is entitled to request a competent judge to issue an order prohibiting the debtor from travelling. This will happen in the following cases under Article 188 of the Cabinet Decision.
Once the court issues a travel ban, the court may order that the debtor’s passport be deposited at the court’s treasury and the travel ban order is circulated throughout the state’s outlets.
Under Article 188/4 of the Cabinet Decision, the person against whom travel ban order is issued may file a grievance against the travel ban order.
Once a travel ban has been issued, the creditor must file a claim before the competent courts or in case a final judgement has been delivered in the creditor’s favour, file an applicable for enforcement of the final judgement.
Period of Travel Ban
The travel ban order will continue to be effective and in force till the time the debts are not repaid. That said, the travel ban can be removed by the court in some cases under Article 189 of the Cabinet Decision. These include:
If an individual is concerned whether there is a travel ban order issued against him/her, he/she should get in touch with a local lawyer who will be able to guide the individual on finding any outstanding travel ban orders issued in the UAE and advise on the appropriate legal steps.
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About the AuthorDr. Hassan Elhais
Joined: December 20th, 2020
Articles Posted: 252
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