This article explores the legal landscape of deportation in the United Arab Emirates (UAE), with a focus on the recent changes introduced by Dubai Decision No. 1/2025. Deportation, as a state measure for removing foreign nationals, is implemented in the UAE through two main avenues—judicial and administrative. Judicial deportation stems from criminal convictions and may be either mandatory or discretionary, depending on the offence. Administrative deportation, on the other hand, is enforced by immigration authorities in the interest of public safety or national security, often without requiring a court ruling.
A significant portion of the article examines the transformative impact of Dubai Decision No. 1/2025, which reestablishes and expands the authority of the Tribunal for the Review of Deportation and Travel Ban Orders. This resolution provides broader judicial oversight, allowing for indefinite suspension of deportation, cancellation of travel bans, and temporary release of deportees, especially in cases involving unresolved debts or humanitarian concerns. The decision marks a departure from the earlier Dubai Decision No. 7/2007, which limited the Tribunal’s role to temporary suspensions.
The article also compares deportation procedures in the UAE with those in the United States and United Kingdom, illustrating the UAE’s unique approach to balancing national interests with individual rights. It concludes by providing practical guidance for affected individuals and highlighting the UAE’s commitment to a fair and proportionate deportation system that evolves alongside global legal standards.
Introduction
In an ever-globalising world where migration is increasingly common, governments face the challenge of balancing national interests with the protection of individual rights. Among the most serious actions a state can take against a foreign national is deportation—the formal removal of a person from the country. While deportation is a recognized mechanism across jurisdictions like the United States, the United Kingdom, and the European Union, the UAE offers a distinct and structured legal framework governed by federal and emirate-specific laws.
In this article, we provide a comprehensive analysis of deportation in the UAE, delving into its legal classifications, key statutory provisions, practical enforcement, and the major implications of Dubai Decision No. 1/2025. This new decision introduces important legal developments for managing deportation and travel bans, marking a shift toward greater judicial oversight and due process.
This blog is a part of our UAE Mainland Litigation Services.
Understanding Deportation in the UAE: An Overview
Deportation in the UAE is not merely an administrative decision, it is a legal process rooted in statutory law and judicial discretion. The Federal Decree-Law No. 31 of 2021 (UAE Penal Code) (as amended by Federal Decree-Law No. 36/2022), the Federal Decree-Law No. 30 of 2021 (Narcotic Drugs and Psychotropic Substances Law) along with the amendments, and recent emirate-level decisions such as Dubai Decision No. 1/2025 govern its implementation.
Definition and Purpose
Deportation is the removal of a non-citizen/foreigner from the country by order of competent authorities. It serves purposes such as:
- Upholding public safety and morality
- Protecting national security
- Deterring criminal activity
- Ensuring compliance with immigration regulations
Types of Deportation in the UAE
The UAE classifies deportation into two categories: judicial deportation and administrative deportation.
Judicial Deportation
This type of deportation is issued by courts against a foreigner following a criminal conviction. It can be either mandatory or discretionary.
Mandatory Judicial Deportation
Under Article 126(1) of Federal Decree-Law No. 31/2021, any expatriate sentenced to a custodial penalty for a felony must be deported. Similarly, Article 75 of the Federal Decree-Law No. 30/2021 requires deportation of foreigners convicted of serious drug offences.
Discretionary Judicial Deportation
Courts may exercise discretion in misdemeanour cases or where deportation is considered appropriate under the circumstances. For instance, Article 126(2) of the Penal Code permits the court to order deportation in lieu of or in addition to a custodial sentence.
Administrative Deportation
Administered by the Federal Authority for Identity, Citizenship, Customs & Port Security (ICP), this form of deportation is applied without court intervention. It can be ordered for reasons such as:
- Public interest
- Moral turpitude
- National security threats
This process gives authorities broad discretion but also raises questions about due process protections for affected individuals.
Legal Grounds and Procedures for Challenging Deportation
Both judicial and administrative deportation can be contested or revoked, though the procedures differ:
Challenging Administrative Deportation
An application for cancellation or suspension can be submitted to the GDRFA (General Directorate of Residency and Foreigners Affairs) in the relevant emirate. The application must include:
- Legal justifications
- Supporting documents (e.g., medical reports, family hardship, business ties)
- Humanitarian grounds (e.g., risk of persecution in home country)
Challenging Judicial Deportation
To challenge a court-ordered deportation, the affected individual must file a petition through the Public Prosecution portal. Typically, these applications seek:
- Suspension of deportation
- Reconsideration based on new evidence or hardship
In both cases, authorities weigh the merits of the request against public safety, legal precedents, and the individual’s ties to the UAE.
Dubai Decision No. 1/2025: A Landmark Development
Background
Until recently, Dubai’s deportation-related legal mechanism operated under Dubai Decision No. 7/2007, which established a special tribunal empowered to suspend deportation and travel bans. However, this resolution had limitations in terms of duration and scope.
Key Innovations under Dubai Decision No. 1/2025
Issued in early 2025 by the Ruler of Dubai, this decision reinstates and expands the powers of the Tribunal for the Review of Deportation and Travel Ban Orders. The reforms introduced are both progressive and pragmatic.
Expanded Jurisdiction
The Tribunal now has jurisdiction in cases involving both:
- A final deportation order
- A travel ban
If a deportation order is issued without a corresponding travel ban, the Tribunal has no authority to intervene, preserving a clear threshold for judicial review.
Long-Term Suspension
Unlike the 2007 Decision, which only allowed temporary suspension, Article 4(A/1) of Decision No. 1/2025 allows indefinite or long-term suspensions, enabling the Tribunal to provide relief without arbitrary limits.
Cancelling Travel Bans
The Tribunal can now cancel travel bans altogether and authorise temporary release of deportees with appropriate guarantees. This is especially significant for individuals facing financial obligations or ongoing litigation in the UAE.
Real-Life Implications and Legal Strategy
Protection of Creditors
Deporting individuals who owe substantial debts could thwart creditors’ efforts to recover dues. By delaying deportation until financial settlements are resolved, the Tribunal preserves the integrity of the UAE’s business ecosystem.
Humanitarian Considerations
The Tribunal considers:
- Family circumstances
- Children’s education
- Health issues
Risk of persecution or violence in the home country
This reflects the UAE’s evolving commitment to human rights and legal proportionality.
Strengthening the Rule of Law
Dubai Decision No. 1/2025 introduces checks and balances in deportation proceedings. This helps avoid arbitrary or excessive use of state power and encourages affected parties to seek legal recourse rather than fleeing or remaining undocumented.
Comparative Analysis: UAE vs Other Jurisdictions
| Criteria | UAE | United States | United Kingdom
|
| Grounds for Deportation | Criminal offence, public interest, security | Immigration violations, crimes, security | Similar to the United States |
| Appeal Mechanism | Tribunal, GDRFA, Public Prosecution | Immigration courts, appeals | Tribunals, judicial review |
| Discretionary Deportation | Yes | Yes | Yes |
| Humanitarian Exceptions | Recognised | Recognised | Recognised |
| Duration of Ban | Discretionary | 5–10 years or permanent | 1–10 years or more
|
Practical Guidance for Individuals Facing Deportation
-
- Consult Legal Counsel Promptly
Timing is critical. A lawyer can help file objections, gather evidence, and appeal decisions within statutory deadlines.
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- File a Tribunal Petition (if in Dubai)
Under Dubai Decision No. 1/2025, individuals should promptly petition the Tribunal, especially if a travel ban is also in place.
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- Compile Supporting Evidence
Including family hardship, employment records, or debt settlement plans.
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- Stay Compliant
Avoid overstaying or violating UAE laws during the appeal period, as this could jeopardize your case.
A Legal System in Evolution: Future Outlook
Dubai Decision No. 1/2025 is a testament to the UAE’s adaptive legal framework. It aligns the emirate’s deportation practices with international best practices while upholding national security and public interest.
For businesses and expatriates, understanding the nuances of this Decision is critical. It underscores the importance of legal preparedness, procedural awareness, and timely advocacy in navigating deportation-related matters in the UAE.
The practice of deportation in the UAE is built upon a complex yet coherent legal framework that reflects the country’s dual priorities: ensuring security and maintaining justice. With the enactment of Dubai Decision No. 1/2025, the legal landscape now offers more humane, flexible, and rights-conscious procedures for dealing with deportation and travel bans.
Whether you are a business owner or an expatriate resident, staying informed of these changes can make all the difference. At its core, this development is about protecting the dignity of individuals while upholding the sovereignty of the state, an intricate but vital balance in today’s legal and geopolitical climate.
